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TERMS AND CONDITIONS
Online terms and conditions of sale for www.aubreyallen.co.uk
1. THESE TERMS AND CONDITIONS
1.1 What these terms and conditions cover. These are the terms and conditions on which we supply our products to you through our website www.aubreyallen.co.uk (the Website).
1.2 Why you should read them. Please read these terms and conditions carefully before you submit an order to us. These terms and conditions (together with our Privacy Policy and our Cookie Policy) govern our relationship with you in relation to the Website and your purchase of our products through the Website. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us.
1.3 By placing an order for any products on the Website you agree to be bound by these terms and conditions, and by continuing to access the Website you agree to accept the practices described in these terms and conditions, which may be updated or changed by us from time to time.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Aubrey Allen Limited a company registered in England and Wales. Our company registration number is 01263890 and our registered office is at Unit 1 3040 Siskin Parkway East Middlemarch Business Park, Coventry, West Midlands, CV3 4AD. Our registered VAT number is 01263890.
2.2 How to contact us. You can contact us by contacting our Happiness Team on 02476 101321 or home@aubreyallen.co.uk.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 Writing includes emails. When we use the words writing or written in these terms and conditions, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Submitting an order. Our shopping pages will guide you through the steps you need to take to place an order with us to purchase our products. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product(s). This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of a product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and will tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
3.6 Age restriction. Certain products on the Website may only be purchased by individuals who are at least 18 years’ old. We are committed to the “Challenge 25” policy and so we may contact you to request that you provide evidence proving that you are legally allowed to purchase any age-restricted products that you have ordered. If we discover or have any reason to believe that you are not legally entitled to order these products then we shall be entitled to reject any order submitted by you or cancel any previously accepted order(s) immediately, without notice.
4. REGISTRATION FOR AN ACCOUNT
4.1 Requirement for an Account. You do not need to register for an account on the Website (an Account) to order Products and you may continue as a guest at any time.
4.2 Registering for an Account. If you would like to register for an Account, please follow the relevant pages on the Website which will guide you through the Account opening process. To register, you will need to supply us with your name, address, email address, a password and possibly some other personal information. You will also be asked if you wish to sign up to our newsletter. See our Privacy Policy for more details about this. By registering for an Account, you warrant that you are at least 18 years of age.
4.3 If you have an Account. If you already have an Account, you will be able to login and change the details that we hold about you in your Account.
4.4 Valid email address. You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
4.5 Rejection. We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion.
4.6 Protect your details. When you register for an Account, you will be asked to create a password to access the Account. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
5. OUR PRODUCTS
5.1 Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible and all sizes, weights, capacities, dimensions and measurements indicated on the Website have a 4.5% tolerance.
5.2 Product packaging may vary. The packaging of a product may vary from that shown in images on the Website.
5.3 Allergen advice.
Our allergen information is compliant with all current relevant UK legislation and Food Standards Agency regulations. Before ordering any products from the Website, please take the time to carefully check the ingredient listing on a particular Website product page so that you are fully aware of any allergens that are, or may be present within the product you are intending to purchase.
Please read the following advice carefully.
(a) Our facilities have been certified by the Food Standards Agency as having the highest standards of health and safety in respect of both hygiene and labelling.
(b) If you have a severe allergy we strongly advice that you contact us before purchasing, handling, or consuming our products. We can then ensure that our full time technical team is able to directly advise you. Please check the product pages of the Website carefully as we do take care to highlight our products that contain allergens.
(c) On receipt of our products, we ask that you check each product’s ingredients label carefully. The allergens that may be present in our products include: gluten, molluscs, crustaceans, fish, peanuts, lupin, tree, nuts, soya, eggs, milk, celery, mustard, sesame and/or sulphur dioxide.
(d) We do not directly handle or process nuts or crustaceans of any kind within our production areas. We do sell some third party products which contain these allergens but they are limited to sealed packaging. Therefore we cannot guarantee our facilities are nut or crustacean free, Whilst we practice excellent due diligence there is the risk of cross contamination of trace elements from other areas of our facilities.
(e) We would also like to point out that:
(i) Our sausages are not gluten free.
(ii) Our pure meat beef burgers are made in an area where there may be traces of gluten present. We cannot exclude the possibility that there may have been some cross contamination.
(iii) All our free range bacon contains nitrates.
(f) If you have any allergy related concerns or would like some further advice please contact our Happiness Team on 02476 101321 or home@aubreyallen.co.uk.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to a product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 below).
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the products or your order. We may change any product or your order:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to substitute a product for a similar or superior product where necessary; and
(c) to implement minor technical adjustments and improvements. These changes will not affect your enjoyment of such products.
7.2 More significant changes to your order or these terms and conditions. In addition, we may make changes to these terms and conditions or an order submitted by you, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
8. PROVIDING THE PRODUCTS
8.1 Delivery costs. The costs of delivery will be as displayed to you on the Website.
8.2 When we will provide the products. During the order process you will have the opportunity to request the date on which the products are delivered to you (Delivery Date). We will use reasonable endeavours to deliver the products to you on the Delivery Date but the Delivery Date may be subject to change (in which case clause 7.2 above will apply).
8.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.4 If we are delivering age-restricted products. Both us and our delivery partner are committed to the “Challenge 25” policy meaning that when our delivery partner is attempting to deliver age-restricted products and the person receiving the products looks younger than 25 years of age, then proof of age will be requested. If proof is not available and there is no-one at least 18 years of age at the address when delivery is being made, then the age-restricted products will be retained, and our delivery partner will leave you a note informing you of how to rearrange delivery. It is your responsibility to use the details provided to contact our delivery partner to rearrange delivery. If the products are perishable in nature (which is generally the case), we do not guarantee that the products will be in a usable condition upon re-delivery.
8.5 How to specify and alter your delivery details. During the order process you will have the opportunity to set out where you would like the products to be left if no one is available at your address to take delivery. This will either be in the safe place that you specify (e.g. in an unlocked porch or shed) or with a neighbour. You are able to alter the delivery address or your alternative delivery arrangements by contacting our delivery partner directly using the details set out in the email we send to you confirming our acceptance of your order. Please note that once the products have been despatched you will no longer be able to alter the delivery address. If you have any questions about the delivery process please contact our Happiness Team on 02476 101321 or home@aubreyallen.co.uk.
8.6 What happens if a delivery cannot be made and it is our fault. If the products are not delivered by the Delivery Date due to something that we or our delivery partner have done/failed to do, then we shall despatch replacement products to you, at no additional cost to you, to be delivered within 72 hours of the original Delivery Date or the date on which you contacted our Happiness Team to explain that the products had not been delivered, whichever is the later.
8.7 What happens if a delivery cannot be made and it is not our fault. If our delivery partner attempts to deliver the products and no one is available at your address to take delivery and you have either not set out where you would like the products to be left in your absence or it is not possible for the products to be left in your safe place or with a neighbour then our delivery partner will leave a note informing you of how to rearrange delivery. It is your responsibility to use the details provided to contact our delivery partner to rearrange delivery. If the products are perishable in nature (which is generally the case), we do not guarantee that the products will be in a usable condition upon re-delivery.
8.8 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the Delivery Date then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) we fail to deliver replacement products in accordance with clause 8.6 above;
(c) delivery within the delivery deadline was essential when taking into account all the relevant circumstances (such as you selected a particular Delivery Date to ensure that the products were delivered before Christmas Day); or
(d) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.8 above, you can give us a new deadline for the delivery of replacement products, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 8.8 above or clause 8.9 above, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. For example you cannot split up products delivered as part of a single gift box/package (you may only reject/cancel it in its entirety). After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.
8.11 When you become responsible for a product. A product will be your responsibility from the time the product is delivered to the address you gave us, left in your safe place or left with your neighbour.
8.12 When you own a product. You own a product once we have received payment in full from you.
8.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on the Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 below will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.14 Reasons we may suspend the supply of products to you. We may have to suspend the supply of products to:
(a) deal with technical problems or make minor technical changes;
(b) update a product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to a product as requested by you or notified by us to you (see clause 7 above).
8.15 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. If we have to suspend the supply of a product we will adjust the price so that you do not pay for products which are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid for that product.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is defective or misdescribed you may have a legal right to end the contract (or to get a product replaced or to get some or all of your money back), see clause 12 below;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2 below;
(c) If you have just changed your mind about a product, see clause 9.3 below. You may be able to get a refund if you are within the cooling-off period; and
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6 below.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to a product or these terms and conditions which you do not agree to (see clause 7.2 above);
(b) we have told you about an error in the price or description of a product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of a product may be significantly delayed because of events outside our control;
(d) we have suspended supply of a product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong including because we have delivered late (see clause 8.8 above).
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms and conditions.
9.4 When you have the right to change your mind. You may have a legal right to cancel an order if you change your mind. However as we typically only provide perishable food and drink products through the Website this right to change your mind usually does not apply. If you are unsure as to whether this right to change your mind applies to products that you wish to order (or to products that you have already ordered that have not yet been despatched) please contact our Happiness Team on 02476 101321 or home@aubreyallen.co.uk.
9.5 How long do I have to change my mind? If you have a right to change your mind given the specific nature of the products you have ordered then you have the right to cancel your order until 36 hours before the Delivery Date or until 14 days after the date you ordered such products, whichever is the earlier. If the product you have ordered is marked as a “Speciality Product” then you cannot cancel your order for such “Speciality Product” once the specific order cut-off date (as set out on the particular “Speciality Product” website product page) has passed, even if this is more than 36 hours before the Delivery Date.
9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (which is usually the case, please see clause 9.4 above), you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of you ending the contract.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please email our Happiness Team at home@aubreyallen.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively you may also end the contract by completing the cancellation form on the Website or by printing off the cancellation form and posting it to us at the address on the form. You may also simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been despatched to you or you have received them, you must return them to us if the products are non-perishable in nature. You must contact our Happiness Team on 02476 101321 or home@aubreyallen.co.uk to arrange for us to collect such products at your cost.
10.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are defective or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to a product or these terms and conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
10.4 What we charge for collection. If you are responsible for the costs of return and we are collecting a product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as the charge for our standard delivery of such products being returned.
10.5 How we will refund you. We will refund you the price you paid for a product including delivery costs, by the method you used for payment.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you have a right to change your mind given the specific nature of the products you have ordered and you are exercising such right then your refund will be made within 28 days of you telling us you have changed your mind.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
11.3 We may withdraw a product. We may write to you to let you know that we are going to stop providing a particular product. We will let you know in advance of our stopping the supply of a product and will refund any sums you have paid in advance for products which will not be provided.
12. IF THERE IS A PROBLEM WITH A PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about a product, please contact us.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to a product. Nothing in these terms and conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are defective/not usable, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 9.3 above.
The legal rights set out under the Consumer Rights Act 2015 relate to all goods purchased by a consumer, however the 30-day period set out above is shorter for perishable goods (which is what we typically provide through the Website), and will be determined by how long it is reasonable to have expected the goods to last. For example, our products would be expected to last until their relative use-by dates, as long as they are stored correctly and in accordance with any instructions we provide to you.
12.3 When you may not reject our products. You agree that you may only reject our products on the grounds that they are defective/not usable if:
(a) in respect of frozen food products, they are stored in a freezer within 0.5 hours of the products becoming your responsibility in accordance with clause 8.11 and the product packaging seals remain intact;
(b) in respect of fresh food products, they are stored in a refrigerator with a temperature of no more than 5 degrees centigrade within 0.5 hours of the products becoming your responsibility in accordance with clause 8.11 and the product packaging seals remain intact; or
(c) in respect of any perishable products, they:
(i) are at all times stored in accordance with any specific storage instructions provided by us to you; or
(ii) were delivered to you by our delivery partner at the first attempt and you have not had to arrange the re-delivery of such products.
12.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact our Happiness Team on 02476 101321 or home@aubreyallen.co.uk for a return label or to arrange collection.
13. PRICE AND PAYMENT
13.1 Where to find the price for a product. The price of a product (which, where applicable, includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of a product advised to you is correct. However please see clause 13.3 below for what happens if we discover an error in the price of a product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply a product, we will adjust the rate of VAT that you pay, unless you have already paid for a product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where a product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If a product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
13.4 When you must pay and how you must pay. We accept payment via PayPal or Stripe. You must pay for the products before we dispatch them. You agree to be bound by any terms and conditions that are put in place by PayPal (Europe) Limited or Stripe Payments UK Ltd respectively. As a fee-collecting agent PayPal/Stripe will collect payment from you and then pass it on to us.
13.5 What to do if you think you paid the wrong amount. If you think the amount you have paid is wrong, please contact us promptly to let us know.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2 above; and for defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. We only supply the products under these terms and conditions for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy and our Cookie Policy.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms and conditions.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
