Terms and Conditions of JARVIS PICKLE LTD.
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.jarvispickle.com (our site). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print or save a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
We operate the website www.jarvispickle.com. We are JARVIS PICKLE LTD, a company registered in the Scotland SC537787 and UK VAT: GB 259606965.
2. PRODUCT AVAILABILITY
2.1
Our site is only intended for use by people residing in the Scotland, England and Wales (Serviced Countries). We do not accept orders from individuals outside those countries.
2.2
Our products are made fresh to order. This means there is a weekly cut off at Thursday 23:59. Products will then be made and dispatched the following week for delivery.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1
you are legally capable of entering into binding contracts; and
3.2
you are at least 18 years old;
3.3
you are resident in one of the Serviced Countries; and
3.4
you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1
After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. AVAILABILITY AND DELIVERY
5.1
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. Delivery windows stated by Couriers are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your products at any point on the day of delivery set out in the dispatch confirmation.
5.2
Delivery will be completed when our authorised courier company, deliver the Products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.
The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
Jarvis Pickle’s obligations to deliver shall be fulfilled once the courier delivers the products at the safe spot specified by you or the products are considered safe by the courier.
5.3
If the personal handover of the box is not possible and no leave safe is available Jarvis Pickle may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the box may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.
The customer will be notified of such delivery to a neighbour by delivery notice or via email.
5.4
If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance unless an exemption according to paragraph 5.2 applies.
Jarvis Pickle will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
6. RISK AND TITLE
6.1
Once the delivery is completed, according to the preceding paragraph (i.e. signed for by customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the box will be with the customer. Jarvis Pickle shall not be held liable for any damage, defect or loss which may occur thereafter.
You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Jarvis Pickle is not obliged to review the safe spot as to its general suitability.
Refusal of the box does not negate the charge, Jarvis Pickle will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.
7. PRICE AND PAYMENT
7.1
The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error.
7.2
Product prices include VAT.
7.3
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4
Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard.
8. OUR REFUNDS POLICY
8.1
Given the nature of the product we are unable to accept any returns and therefore refunds. If the quality is not up to the standard you expected, please get in touch via email: kitchen@jarvispickle.com
9. WARRANTY
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. OUR LIABILITY
10.1
Subject to clause 10.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
10.2
Nothing in this agreement excludes or limits our liability for:
10.2.1
Death or personal injury caused by our negligence;
10.2.2
Fraud or fraudulent misrepresentation;
10.2.3
Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
10.2.4
Defective products under the Consumer Protection Act 1987; or
10.2.5
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given to JARVIS PICKLE LTD at kitchen@jarvispickle.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1
The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. INTELLECTUAL PROPERTY RIGHTS
14.1
We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
14.2
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
14.3
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By purchasing products, you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
15. EVENTS OUTSIDE OUR CONTROL
15.1
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1
Strikes, lock-outs or other industrial action;
15.2.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5
Impossibility of the use of public or private telecommunications networks; and
15.2.6
The acts, decrees, legislation, regulations or restrictions of any government.
15.3
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. WAIVER
16.1
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2
A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4
Nothing in this clause limits or excludes any liability for fraud
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Scotland.