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Terms and Conditions
Please read these Terms & Conditions carefully before using the Melbury & Appleton website. By using this website and/or subsequently placing an order through the website or by telephone or requesting a delivery, you signify your agreement to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this website.
1. Definitions
2. Our Registered Office Details
3. Making A Purchase
4. Acceptance of Your Order
5. Cancellation Rights
6. Shipping Costs
7. Delivery
8. Time
9. Perishable Items
10. Risk and Title of Goods
11. Damage & Tracing Parcels
12. Shortages
13. Returns Policy
14. Prices & Product Details
15. Availability of Stock
16. Our Right to Refuse Your Order
17. Tax Charges
18. Security Policy
19. Privacy Policy
20. Use of Cookies
21. Website Accuracy
22. Your Account
23. Access to Our Website
24. Your Conduct
25. Copyright
26. Trademarks
27. Events Beyond Our Reasonable Control
28. Waiver
29. Governing Law and Jurisdiction
30. Statutory Rights
31. Disclaimer
32. Limitation of Liability
33. Force Majeure
34. Nuts
1. Definitions
Customers or visitors to this website are referred to as “you” or “your”, Melbury & Appleton is referred to as “Us”, “We” or “our”. Melbury & Appleton is a trading name of Thomas Peck Limited.
2. Our Registered Office Details
Melbury & Appleton (Thomas Peck Ltd)
Unit 504, 101 Clerkenwell Road
London EC1R 5BX
tel: 0843 2891880
3. Making A Purchase
3.1 Registering with the Website
There is no need to login in or to be registered with us to place an order. Just browse our on-line shop, click on any items that you wish to buy and add them to the shopping basket. After You have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to confirm your order and deliver it to you.
If you opt to register with our website at this stage you will be asked to set a password so that you will be able to log into our website in the future and check the status and content of your orders.
3.2 Payment
We accept card payments through our Website with Mastercard, Visa, American Express, Solo, Visa Electron and Visa Debit (Delta).
3.3 Minimum Purchase
Our minimum purchase is £10.00 before delivery costs. We reserve the right not to accept orders for goods with a total value of less than this minimum.
4. Acceptance of Your Order
4.1 All orders placed by you are subject to acceptance by us. Your order represents an offer to us to purchase a product. Acceptance will occur when we dispatch the goods to you.
4.2 The acknowledgement confirmation email sent in response to your order is provisional only and is intended only to indicate receipt of your order. We shall notify you by e-mail in the event that we do not accept any order and any payment will be fully refunded.
4.3 Any products in the same order which are unavailable and so not dispatched do not form part of that contract.
4.4 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you.
4.5 If you have incorrectly entered your email address, your order confirmation and dispatch emails will not reach you. These emails may also be stopped by your spam filter. As long as payment has been processed successfully this will in no way affect your order.
4.6 Failure by us to send or you to receive a receipt confirmation email or dispatch confirmation email in no way invalidates Your offer.
5. Cancellation Rights
5.1 If you live within the EU, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel this contract, provided that you exercise your right within 14 calendar days from the day your order is delivered. This right does not extend to companies or businesses or if your order is being delivered outside of the EU.
5.2 If you live outside the EU or you are a company or business within the EU your order cannot be cancelled once sent to our warehouse for packing and dispatch. Prior to dispatch, orders for special order items or items prepared to your specifications, or orders where you have ordered in excess of 10 of any one item cannot generally be cancelled once placed. If we do, at our discretion, decide to accept your order cancellation in these circumstances we reserve the right to charge a £10 cancellation fee to offset costs incurred in addition to any return delivery charges that we might incur.
5.3 Your right to cancel your order under the Consumer Contracts Regulations 2013 does not apply to perishable food products (i.e. frozen, chilled, fresh or short shelf-life food products), goods made to your specification, goods that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. We are unable to process returns or refunds on perishable food items that are just unsuitable or unwanted.
5.4 We are unable to except cancellation of "special order" items, or other items that have been purchased in bulk, and which we have ordered in especially for you from our suppliers.
5.5 If you wish to exercise your right of cancellation, under the Consumer Contracts Regulations 2013, you are obliged to retain possession of the goods and take reasonable care of them. Notice of such cancellation must be given by email to Melbury & Appleton Customer Service, details as provided above and then you must ensure that we receive the goods intact and unopened in "as-new", re-saleable condition within 14 calendar days of cancellation. You are responsible for ensuring the goods are returned safely to us at your expense. For security and logistical reasons it is not possible to make returns in person to our premises, you must use a recognised courier or mail service.
5.6 If you wish to cancel your order once dispatched, this is only possible in accordance with the cancellation procedure given here (Sections 5.1-5.5). Refusing delivery of your parcel or failing to make arrangements to accept your parcel so that it is returned to us or held by the courier is not in accordance with these terms and conditions. Risk of damage or loss to the goods you have ordered passes from us to you when delivery is first attempted whether or not successful. If your order is returned to us we will incur a return premium-rated delivery charge for which You will be liable. In these circumstances the goods you have ordered remain your property and you will not be entitled to a refund for either the goods you have ordered or for the any delivery costs you have incurred. If you would like to have your order re-sent a further delivery charge would be payable (in additional to the return delivery charge we will have incurred). We reserve the right to dispose of these returned items after 28 days if you do not contact us and arrange and pay for them to be re-shipped to you or collected from our premises.
5.7 If have opted to collect goods from us in person from our warehouse, the Consumer Contracts Regulations 2013 right of cancellation does not apply. You may cancel your order prior to us sending you confirmation that your order is ready for collection and you will be refunded in full (except for special order items). After this time order cancellation is no longer possible, except in exceptional circumstances when we may at our discretion be prepared to refund you minus a £10 charge to cover our costs. We reserve the right to dispose of all goods that are not collected within 28 days of the date on which the order was placed and for food safety reasons we reserve the right to dispose of perishable items after 7 days of your order being ready for collection.
5.8 Once your order has been passed to our warehouse for packing and shipping it is not possible to cancel the shipment. You still retain the right to cancel the order under the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if applicable to your order once you have received it. Please see sections 5.1 and 5.5 above for details.
6. Shipping Costs
6.1 Shipping Costs within the UK
6.1.1 For Standard UK delivery the charge is £3.99 for orders up to 30kg in weight (including packaging weights), delivery is typically within 3 working days after shipping. Express delivery services are available to most UK addresses from £5.25 and delivery is the working day after shipping. An morning delivery option is also available for most UK postcodes for £9.99 for orders up to 30kg, if unavailable for your delivery address then your parcel will sent on the next fastest shipping option we have available.
6.1.2 Shipping to Northern Ireland, the Scottish Highlands and UK off-shore islands including the Channel Islands is £11.99 by courier up to 30kg parcel weight or £3.99 with Royal Mail for parcels weighing less than 5kg. Delivery typically takes 2-3 working days following dispatch.
6.1.3 For deliveries to UK addresses we are happy to deliver to an alternative address such as place of work if you provide us with the details of this alternative delivery address at checkout. Please note that we may carry out further security checks before sending out a parcel to an alternative address.
6.1.4 If you decide to change the delivery address after your order is placed, please email us as soon as possible with the detail of the new address, we will try our best to accommodate this change but as orders are typically sent straight to our warehouse for processing, changes may not be possible and we will not be liable for any inconvenience or cost if the parcel is sent to the original address given. If you telephone to provide this change of address you will still be asked to email the details to us.
6.2 Shipping Costs to Europe
6.2.1 Europe Zone 1, £13.99 - France, Germany, Belgium, Republic of Ireland, Luxembourg, Netherlands, UK Channel Islands
6.2.2 Europe Zone 2, £17.25 - Andorra, Austria, Denmark, Finland, Gibraltar, Itlay, Liechtenstein, Norway, Portugal*, Spain*, Sweden, Switzerland (*excludes Madeira, Canary Islands and other off-shore islands)
6.2.3 Europe Zone 3, £27.99* - Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Turkey
6.2.4 For all European Zones, if delivery is to a remote location the courier may charge an £18 remote area supplement. We also reserve the right require additional payment for parcels weighing over 25kg (including packaging weight) or for bulky parcels. We will contact you if these extra charges apply to your order and you will have the option of cancelling your order.
6.3 Shipping Costs to the Rest of World
Unfortunately we are unable to deliver outside the European countries listed above
7. Delivery
7.1 All packages MUST be signed for on delivery, so please ensure that you provide a delivery address where the items can be signed for on the delivery day. If no-one is available to sign for your parcel the courier may leave your parcel with a neighbour. Delivery to business addresses will usually be within normal business hours but delivery to residential addresses may be at any time from early in the morning into the evening. We accept no liability if you are not available to receive your parcel and this delay in delivery results in the deterioration in the condition of the goods that you have ordered.
7.2 Providing all items are in stock we aim to process your order within 2 working days for delivery within the UK (ex-Channel Islands), delivery elsewhere may take longer. However this timescale is not guaranteed, and at busy times such as Christmas this processing time may be longer, so if the order is urgent, or you require it before a specific date please email us to discuss the possibility of an alternative arrangement.
7.3 We dispatch orders on Monday to Friday, however parcels containing items that must be kept chilled will not be dispatched on Fridays.
7.4 Once a parcel has been dispatched, delivery is typically within 2-3 working days after shipping if Standard UK Delivery is selected. But timescales are not guaranteed, so please allow plenty of time if you require your goods by a specific date. If Express UK delivery us selected your order will typically be delivered on the working day after dispatch. If morning delivery is selected your parcel should be delivered before midday on the day after shipping. Delivery to remote UK areas and other areas of Europe is typically within 2-4 working days of shipping.
7.5 When your order is dispatched we will send you a shipping confirmation email with tracking information for your parcel. If you have selected courier delivery you will also receive an email from the courier with the tracking number of your parcel, and contact information for the courier. Please contact them directly if your parcel has not been delivered when expected.
7.6 We are not informed of delivery problems, so if your parcel does not arrive within the time frame given in section 7.4 (above) and you do not contact the courier, your parcel may be returned to us as having been undeliverable. If this happens and you would like us to send your order out again, we will have to charge you for the return delivery cost and re-shipping cost and for the replacement of any perishable or damaged items. You will be liable for any charges that are incurred by us because your parcel was undeliverable, including any re-stocking charges, will be payable by you.
7.7 If you require a specific delivery date we will do our best to fulfill this request but delivery on or by any particular date is not guaranteed. If we agree to a specific delivery date with you and the courier we use is unable to deliver on the specified day due to adverse weather conditions or any other circumstances beyond our control, we will endeavour to arrange for delivery at the next earliest opportunity and our liability is limited to this.
7.8 We cannot accept cancellations of orders, except in accordance with the cancellation process detailed in Section 5, above, for delays in the delivery of your parcel that are outside our control e.g. delayed delivery by a third party delivery company (mail or courier) or delayed delivery because there is no one available at the delivery address to sign for the parcel when delivery is attempted.
7.9 We cannot accept responsibility for addresses provided incorrectly. Full valid postcodes are required for every order. If You provide an incorrect address, or incorrect postcode, we do not accept any responsibility for the failure of an order to arrive, for any delays in the delivery of the order, for any costs involved in redirecting that order, or for any deterioration to the goods due to extended transit times.
7.10 Orders are dispatched to the delivery address given when the order was placed. Typically this can't be changed once the order has been sent to our warehouse for processing. Should you subsequently arrange with the courier to leave the parcel at in a safe place without a signature, or deliver to a different address, or deliver to a parcel pick up point or shop then you do so at your risk and we cannot accept liability for the safe-keeping of your parcel or any subsequent claims for non-delivery or for delays in delivery. We also will not be able to accept claims for deterioration in the condition of goods due to any subsequent extended transit times.
7.11 If the delivery address is in a rural area or other location that may be hard to find, please ensure that you provide us with instructions of how our courier can locate the address so that we can forward this information to the courier. When your parcel is shipped you will be provided with access to the courier's live parcel tracking system so that you will be able to see if they are having problems locating the delivery address, enabling you to contact them directly to assist. We do not accept liability for delays and any subsequent deterioration in the contents of your order, if there is a then a delay in the delivery of the parcel or if the parcel is subsequently returned to us as undeliverable as this is completely outside our control.
7.12 If we have to re-direct your parcel a charge may be made to cover that cost.
7.13 Please note that when parcels are returned to us by the courier we incur a return charge which is currently £10.50 for parcels sent out on our standard delivery service, but this amount is determined by our courier and is subject to change without notice and will vary if the original delivery service was not our standard UK delivery service. If items are returned to us as undeliverable (for whatever reason), or because you have refused or been unavailable to accept delivery, you will be liable for any additional charges that we may incur. We may at our discretion refund you for the original purchase price of returned items, minus the £10.50 (or relevant) return delivery cost and a 30p per item restocking fee for each item in the order, if we can be certain that those items are still of saleable quality, but you will not be refunded for any original delivery charges.
7.14 We reserve the right to charge increased delivery charges, where incorrect information has been submitted, and as a result surcharges are incurred by Us.
7.15 Shipping timescales provided in Section 6 above and elsewhere on our website are guidelines and are not guaranteed by the third-party carrier that will deliver your parcel. As any delays are completely outside our control we will not be liable for any failure for the carrier to meet these timescales or for any inconvenience or cost to you that results from any delay in the delivery of your parcel.
8. Time
Time is not of the essence in relation to this contract.
9. Perishable Items
9.1 We can only send food that must be kept chilled to addresses within the mainland UK. Deliveries to some areas that do come within the Standard delivery area including parts of Scotland (Aberdeenshire, Inverness), off-shore islands and very rural parts of Wales and Northumberland do take 2-3 days so please contact us before placing your order to check if your address is suitable for delivery of perishable goods as we will not be liable for any deterioration in those goods in transit
If you live in other delivery areas and we inadvertently send perishable items to you we will not be liable for any deterioration in those goods in transit.
9.2 Orders that include perishable food items cannot be cancelled once placed. We comply with Consumer Contracts Regulations 2013 on this matter as these regulations do not apply to cancellation of orders containing perishable food items. Please see Section 5 above for further information.
9.3 It is essential that you provide a delivery address where someone will be available to accept your parcel. We will not accept liability for any subsequent deterioration of perishable goods if you are not available to receive your order on the first occasion that delivery is attempted (please see Section 10, below for further information).
9.4 If any special arrangements are required for delivery, including particular days when no-one will be available to receive your parcel, you must discuss this before you place the order so that we are able to determine whether it will be feasible to meet these requirements.
9.5 It is not possible to specify a particular time of day when delivery will occur but if you do require a timed delivery, but it is possible to select a morning delivery option for delivery to most mainland UK addresses unless in very rural or remote areas.
10. Risk and Title of Goods
10.1 The title for goods supplied remains with us until full payment has been received.
10.2 Risk of damage or loss to the goods (including deterioration of fresh foods) passes to you on delivery or on the first occasion that delivery is attempted but you are not present to accept delivery or wrongfully refuse delivery or if an incorrect address is supplied.
11. Damage & Tracing Parcels
11.1 On delivery please check your parcel for damage & sign the delivery note accordingly. We cannot accept damage claims if you refuse delivery as we will have no evidence of the condition of the parcel when you received it, and you will also incur the cost of the return delivery (currently £10.50 for parcels sent on our standard UK delivery service and potentially higher for other services)
11.2 Whether or not the exterior of the parcel shows any signs of damage, please check the contents as soon as possible. All damage must be reported to us by email within 24 hours of receipt of your parcel, quoting your name, order number and details of the damage. Please do not telephone us to tell us about any damage as we will still require written confirmation from you for our records in order to process your damage claim. Once goods have been moved from the delivery address, damage claims cannot be considered.
11.3 Without exception, we will not process any claims for damage if you dispose of any damaged items or packaging without our permission to do so. All items, and their original packaging must be available to be returned to us or for us to see by requesting photographs to be taken or for the courier to inspect, even if the parcel was signed for as damaged. We may at our discretion be prepared to accept photographs of the damaged items and packaging as evidence. Because of the time limits imposed on us to submit damage claims it is essential that damaged items are returned to us or photographs are received by us within seven days of your parcel being dispatched, after this time we will no longer be able to process your claim.
11.4 All items purchased by you are checked carefully before packing and shipping and we are unable to accept damage claims for minor damage to the exterior packaging of these items during transit (e.g. minor dents, scratches or tears in the packaging) when the contents are not compromised.
11.5 When your parcel is dispatched you will be emailed parcel tracking information for your parcel. If you do not receive this email please contact us without delay and we will provide you with the information you need to track you parcel. If your parcel is subsequently not delivered within 3 working days for UK parcels (1 day for UK orders sent on an express delivery service, 10 days for deliveries outside the UK) or there are other delivery problems, please check this online tracking information and contact the courier directly. Please note that we are not made aware of problems unless you inform us. When you do inform us we will also contact the courier to try and resolve the problem with your delivery.
11.6 As delivery is by a third party courier, we have no more influence over the courier or information about your parcel than you do with the online tracking information you have received. If you inform us of a problem with the delivery of your parcel, we will of course work with you and the courier company to ensure that your order is delivered as quickly as possible however you will be expected to assist and co-operate in this process and to be prepared to contact the courier directly.
11.7 If orders are considered by us to be lost in transit, after a reasonable period time has elapsed and the courier has had time to investigate, we shall at our discretion either refund or resend the order. However we expect you to inform us promptly if you do not receive your parcel within a few days of it being dispatched and as we must lodge a claim for lost parcels within 10 days of dispatch, we will not be able to accept a claim from you for a missing parcel after 10 days have elapsed since your parcel was dispatched by us.
12. Shortages
All orders are checked at least twice before packing and a delivery note is included with each parcel. If any items are missing from the parcel but listed on the delivery note, please report this to us by email or in writing within 24 hours of receipt of your parcel quoting your name, order number and details of the missing item or items. Unless you do not have an email address, please do not telephone us to tell us as we require written confirmation from you in order to process your claim.
13. Returns Policy
13.1 Every item we sell is carefully inspected before it is shipped. It is Your responsibility to check Your order carefully, immediately on receipt of goods. In the event that any goods supplied are faulty, they will be replaced free of charge or your money refunded in full as long as the goods are returned to us when requested, or if photographs of the damage can be provided should we, at our discretion, request this.
13.2 Provided that the faulty item is returned in its original packaging and the product has not been consumed other than is reasonable to establish the quality of the product we will refund the entire purchase price of the item including the original delivery cost (if this was the only item in your order) and the return postage cost at the standard postage rate for the weight of the goods being returned. We will not reimburse additional sums if you choose to return the item using a premium delivery service. This refund offer only applies if the goods are faulty not if they are simply not to your taste or not to your liking.
13.3 If your returned goods are not in the original packaging or consumed more than was reasonable to establish the quality of product, we reserve the right to levy a charge commensurate with that loss. No refund will be considered, where failure to deliver the goods was due to incorrect information being submitted on the original order.
13.4 Refunds for cancelled orders will be made within 14 calendar days from the date on which we safely receive the returned goods. Refunds will be to the card used for the original payment transaction. Depending on your payment card please allow up to 7 working days after we have processed your refund for the funds to appear on your payment card's account. Refunds for returned goods will be at our discretion if a cancelled order is received more than 14 calendar days after cancellation, and if a refund is processed it will be subject to a restocking fee and the original delivery charge will no longer be refundable.
13.5 You will not be refunded for minor damage to the exterior packaging of the goods that you have order during transit (e.g. minor dents, scratches or tears in the packaging) when the contents are not compromised.
13.6 Refunds for unwanted goods will be made in accordance with our cancellation policy provided above. If You are returning the product because it is simply unwanted, the product must be returned both unopened and in original condition and we will only refund the cost of the product, if a non-food item. For food safety reasons, perishable food items are not refundable if simply unwanted.
13.7 It is recommend that all returns are sent via recorded delivery as we cannot be held responsible if an item does not reach us. It is Your responsibility to return the goods safely to us at Your cost. All returns must be received by us within 14 calendar days of order cancellation.
13.8 Except in relation to faulty or incorrectly supplied goods where your statutory rights are unaffected the following items may not be returned: hampers/gift baskets, food, beverages and perishable goods, or goods that are produced to order for you, or if the packaging of goods has been opened or damaged by you.
13.9 For fresh products, as they are typically supplied to order, we regret that once an order is placed it is not possible to cancel it and refunds cannot be given. Similarly if you order a large number of a single food item and we have to order that item in especially for you, it will not possible to cancel your order once we have placed our order with our supplier and any refund will be at our discretion.
13.10 The cost of returning the goods to us will be born by you, the customer including if you exercise your right to withdraw your purchase in the Cooling-Off Period as specified by the Consumer Contracts Regulations 2013. We decline all responsibility with goods that are of a highly perishable nature.
13.11 Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage. You are liable for any damage caused between receipt of the goods and their return to us. We will not accept returns of items that have been damaged in transit because they were incorrectly packaged by you, and we reserve the right to return such goods to you at your expense. It is recommend that all returns are sent via recorded delivery as we can not be held responsible if an item does not reach us.
13.12 For wine purchases we reserve the right to refuse a refund or replacement where:
- The wine has been in Your possession for more than 14 days,
- The wine has been discarded,
- The wine has obviously not been stored correctly,
- The cork breaks and there is no fault with the wine itself,
- There is sediment present and there is no fault with the wine itself,
- The wine is not to Your liking and there is no fault with the wine,
- The wine is shipped to address other than the UK mainland.
13.13 For deliveries outside the UK, We will not be held responsible if local Customs authorities wish to charge import duty or delay the release of any item. We cannot be held responsible for any subsequent loss, no matter where it occurs, should local customs authorities wish to reject your order or confiscate any particular item contained within your order. We will only be prepared to consider refunding you for non-food goods if the goods are returned to us in saleable order. Any additional costs that may arise must be borne by you. Please note that cross-border deliveries are subject to opening and inspection by customs authorities which may result in damage to or loss of the contents for which we cannot be held responsible.
14. Prices & Product Details
14.1 All prices quoted are in £ Sterling, other currency options provided on the Website are for guidance only. You will be invoiced in £ sterling and the exchange rate applied to your order will be determined by your card/payment provider.
14.2 We endeavour to ensure that the information shown on the Web site is as accurate as possible however We cannot guarantee that information and offer no warranties as to the accuracy.
14.3 Unless we state otherwise on the product page, we are not the manufacturer of the products for sale on this website. The product information we provide may differ from the the information provided on the product you receive, so please refer the information and warnings given by the manufacturer on the packaging prior to consumption.
14.4 We cannot be held responsible for typographical errors on this site, including but not limited to those regarding price. We reserve the right to make changes to our Web site including prices, products, ingredients, weights, sizes and terms & conditions without any notice being given.
14.5 If you inform us of any inaccuracies on our website, we will endeavour to correct them as soon as we reasonably can.
14.6 The design of the packaging of products are subject to change without notice from the manufacturer and so may vary from the photographs given on our website. The portrayal of products on the site will also depend upon the characteristics and capabilities of your computer. Natural products will also vary. We cannot therefore guarantee that products will be identical to their representations on the site.
14.7 For commodity products such as grains, flour, herbs and spices in order to ensure the availability of stock we reserve the right the vary the look of the packaging or brand from that given on our website.
14.8 If you are purchasing food products that you intend to store rather than consume within a week or two of delivery we would recommend that you contact us in advance of ordering to check that the shelf life of current stock is suitable for your needs.
14.9 Vintage years specified for wines and spirits can not be guaranteed, as due to the very nature of these products they are of limited supply for any vintage year.
15. Availability of Stock
15.1 Because we use small suppliers and sell many seasonal products, all goods featured on Our Website are subject to availability and may be withdrawn from sale at any time.
15.2 We cannot be held responsible if any goods are unavailable due to circumstances beyond our reasonable control.
15.3 We reserve the right to replace one brand of product with another of equal quality.
15.4 We endeavour to keep the Website updated. However if a product You order is listed as in stock on our website but is unavailable and this item is a major part of your order you will be notified of this by email and given the chance to choose an alternative item, cancel your order completely, or delay your whole order until the product is in stock.
16. Our Right to Refuse Your Order
We reserve the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your payment card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
17. Tax Charges
17.1 Most of the goods We sell are taxed at 0% rate of VAT. If this is not the case, then the VAT charge is included in the price given on the Website.
For orders made for such items for delivery in the UK or the European Union countries, this 20% VAT will be charged. All other orders are VAT free and the VAT charge will be removed from your invoice when you select your country of residence during checkout.
17.2 Please note that if you are resident outside the EU but choose to have your order delivered to a UK address this VAT charge will be reinstated.
17.3 We will not be held responsible if local Customs authorities wish to charge import duty or delay the release of any item. We cannot be held responsible should local customs authorities wish to reject your order or confiscate any particular item contained within your order. We recommend that you check with your local customs authorities before placing an order with us.
18. Security Policy
Our Payment Service Provider is Sage Pay (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.
Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.
Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.
In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.
So when buying through our site, you can be sure that you are completely protected.
19. Privacy Policy
We take your privacy very seriously and are committed to providing users with an Internet experience that respects your privacy.
When you make a purchase we need to collect certain information to process your transaction and fulfill Your order. We do not sell, rent or disseminate this information to any third party for marketing or any other will however need to provide the courier or delivery company with your name, delivery address, telephone number and email address (so that they will be able to send you tracking information for your parcel) but this information will strictly only be used to ensure that your order is safely delivered to you.
You can be confident we will not disclose your details to anybody unless required by law to do so or unless you explicitly give us authority to do so. We do not hold Your credit card details online at any time.
Our Web site may link to other web sites. Please be aware that We are not responsible for the privacy practices of these other sites.
If You provide Us with an email address, it will automatically be entered into our regular email update service. We hope You will find these updates interesting and informative. If You would rather not receive them please unsubscribe from any e-mailing list at any time by responding to Our e-mail with the subject UNSUBSCRIBE, by writing to Us or by telephoning us on 0843 2891880. To help ensure we correctly remove Your details from the database please remember to include in your e-mail the contact details we are using to send the mailing to You. We reserve the right to limit certain special offers to those who subscribe to our e-mail services.
We are committed to preserving the privacy of our customers and makes every effort to live up to our stated privacy policy. However, if You feel that We are not fulfilling our responsibilities towards Our customers you can contact our Managing Director at the postal address given in section 2 above.
If You have any questions about this privacy policy, please let us know using any of the methods on the Contact Us page
20. Use of Cookies
Cookies may be used on the site to help provide you with appropriate information during your visit. These cookies may be placed on Your computers hard drive. If You wish to switch off cookies Your access to the site will not be affected. No cookie created by Our Website stores personal details about You.
21. Website Accuracy
Every care has been taken to ensure that all prices and descriptions on our website are correct. In the case of error you will be given the opportunity to cancel Your order. We apologise if this is the case.
We take great care in providing you this product information however it is done in good faith and should not be considered a substitute for the information on the producer’s label. All products are subject to change which may affect the ingredients list and/or allergy advice given on this Website. If You require further information please contact the producer directly using the information in this Website or on the product label.
We reserve the right to alter prices without prior notification. The price charged is the price ruling on the day of dispatch.
22. Your Account
If You use our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
23. Access to Our Website
We will do Our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We grant You a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent from Us.
This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of our web site as long as the link does not portray Us, Our products or services in a false, misleading, derogatory, or otherwise offensive matter.
24. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You must use the website for lawful purposes only and must not use the website for any of the following:
- Fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
- In breach of copyright, trademark, confidence, privacy or any other right;
- Is otherwise injurious to third parties;
- Objectionable;
- Which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam';
- or Causes annoyance, inconvenience or needless anxiety.
25. Copyright
All content included on the website, such as text, graphics, logos, button icons, and images belong to us, and are protected by United Kingdom and international copyright laws.
If we discover that any pictures, image or photograph that belongs to us is being used by any company or individual without our prior written permission, we will require that it is removed and we will issue an invoice for £1000 payable within 7 days, failing which we will take court action to protect our interests.
26. Trademarks
Melbury & Appleton and other marks indicated on our website are trademarks or registered trademarks of Thomas Peck Limited.
Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Thomas Peck Limited and may not be used in connection with any product or service without our written authorisation.
27. Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.
28. Waiver
If You breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these conditions.
29. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales.
30. Statutory Rights
These conditions in no way affect Your statutory rights.
31. Disclaimer
We do not represent or warrant that the information contained on this site is complete or free from error, and expressly disclaims and does not assume any liability to any person for any loss or damage whatsoever caused by errors or omissions in the data or the software, whether such errors or omissions result from negligence, accident, quality, performance of the software, or any other cause.
32. Limitation of Liability
Except as may be implied by law where the you are dealing as a Consumer, in the event of any breach of these Terms and Conditions by Us the remedies of You shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and We shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of the Our agents or employees.
33. Force Majeure
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our 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 we shall be entitled to a reasonable extension of Our obligations.
34. Nuts
Unless individual products state otherwise it should be assumed that all products are produced in an environment where nuts are present and could possibly be contaminated with nuts.
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