Product Terms & Conditions
1 ORDERING PRODUCTS
1.1 In these terms and conditions:
1.1.1 “Account” means the account established between us and a Business;
1.1.2 “Business” means any company, partnership, charity, organisation or business accepted by us as such;
1.1.3 “Consumer” means a natural person acting outside business purposes;
1.1.4 “Products” means any products purchased by you through our Website;
1.1.5 “us/our or we” means Traders Coffee Limited and any of its authorised agents;
1.1.6 “Website” means www.coffeebay.co.uk
1.1.7 “you/your” means the Consumer or Business who orders the Product(s).
1.2 All orders placed by you are subject to these terms and conditions (Terms). By clicking on the ‘check out’ button on the Order Form, you are consenting to be bound by these Terms.
1.3 If you are a Consumer you must be over 18 to place an order via our Website.
1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including VAT) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered. VAT Registration details will also be included to enable you to utilise this confirmation as a VAT receipt should this be required as a result of your purchase.
1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.
1.7 Save where you hold an Account, we shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.8 If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.9 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.
1.10 You can only deliver multiple Products ordered over the Website to one address. If you need to deliver to more than one address please contact us on hello@coffeebay.co.uk
1.11 Products may vary slightly in appearance from those depicted on the Website within reason due to local and/or seasonal availability.
2 REGISTRATION AND WEBSITE USE
2.1 If you hold an Account, a username and password to use on the Website (the “Web Account”) will be emailed to you at the email address you provided to us on your Account application form. Once you have inserted the required details, including your Business name and contact details on the Web Account, these will be stored for later use by us and you. Our Privacy Policy shall apply.
2.2 If you do not hold an Account you still can checkout as guest. On ordering a Product you shall be asked to insert certain details such as your name, address and payment information. Our Privacy Policy shall apply.
3 PRODUCTS
3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
3.3 Any free promotional items are limited to one per order per customer. Promotional items and free gifts are subject to availability, we will not be held liable for non-delivery of a free or promotional gift.
4 PRICES
4.1 The price payable for the Products that you order is shown on our Website.
4.2 For delivered items the Website shows the price of the item with VAT included in the item. The cost of the item is shown excluding a delivery charge which is detailed during the checkout process.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
5 PAYMENT
5.1 We accept payment by credit and debit card. Unless you hold an Account we will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
5.2 If you hold an Account you will be invoiced in arrears and payment of your Account will be due in accordance with the agreed commercial terms of the Account or if no such terms are agreed then you will be invoiced monthly and shall have 30 days to pay in full.
5.3 If you hold an Account interest shall be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6 DELIVERY
6.1 We only deliver Products within mainland UK and the Isle of Wight. Please note that we are sometimes unable to deliver selected products to some areas of Wales and Northern Scotland/individual postcodes. Where possible we will advise you of those restrictions before you place your order. If you would like delivery to these areas or have a query about where we deliver please contact us for further details as we may be able to make delivery subject to an additional charge. We will advise you at the time of your order of any additional charges to remote areas which are not normally delivered to by us.
6.2 Delivery dates, times and delivery call-off times will not be detailed on the Website when you order Products.
6.3 Next day delivery is available for orders received before 2pm Monday – Friday. Please note that we cannot guarantee delivery dates for this service.
6.4 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
6.5 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, flats or apartments with concierge services, ships and other business locations. The signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
6.6 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.7 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, or from any industrial dispute or strike whatsoever.
6.8 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. During busy periods our suppliers are unable to make amendments. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you. We are unable to change any of the delivery details (Including card message) on day of dispatch for either postal or courier products.
6.9 During peak periods delivery dates may be moved forwards to ensure safe delivery is made before or on the intended day of delivery. We will attempt to notify you of these changes prior to the delivery being completed.
6.10 Any discounted delivery codes are to be processed during the checkout process and cannot be used post purchase. If a refund is required then it will be done to the value of the order.
7 IF YOU CHANGE YOUR MIND – CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law you have the right to cancel your contract before you receive the Products or to return any Products to us within 14 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy set out in clause 11.
7.2 Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not apply to:
7.3.1 Products supplied to your specification or which are personalised; or
7.3.2 Products which are liable to deteriorate rapidly including, but not limited to, coffee.
8 REFUND POLICY
8.1 Refunds may occasionally be given at the discretion of the management.
9 IF PRODUCTS ARE DAMAGED OR FAULTY
9.1 Because of the perishable nature of many of our Products, in order for us to best help with any complaints we ask that they are brought to our attention within a reasonable period of time.
9.2 We guarantee freshness for our coffee. If any coffee arrives with packaging damaged you should take a digital photograph of them and send it to us via our provided email address.
9.3 If you want to return a Product to us other than in accordance with clause 9.2, because it was damaged when delivered or is faulty, please use our returns policy set out in clause 11. If you want a refund not a repair or replacement we will refund you the price and the delivery costs and the cost of returning it to us. Please send us a receipt for the return postage costs.
9.4 We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.
10 IF WE HAVE SENT YOU THE WRONG PRODUCTS
10.1 If we send you a Product that you have not ordered please use our returns policy set out in clause 11. If you return it to us we will refund the price, the original delivery costs and the cost of returning it to us.
11 RETURNS POLICY AND COMPLAINTS
11.1 If you are returning a Product in accordance with clauses 9 or 10 or you have a complaint please contact us via provided email address or by post at Traders Coffee Limited, 274 Ewell Road Surbiton, London, KT6 7AG Surrey , United Kingdom. Each return will be dealt with individually and the most appropriate action agreed with you.
11.2 Where Products are being returned to us we advise you to return Products by a secure postal method to the address given to you by our customer services representative and obtain a receipt as proof of returning it to us. If you have difficulties returning the Products, for example, by reason of their size, please contact us.
12 CANCELLATION BY US
12.1 We reserve the right to cancel the contract between us if:
12.1.1 we have insufficient stock to deliver the Products you have ordered; or
12.1.2 the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
13 OUR LIABILITY
13.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
13.2 Our liability to you for death or personal injury caused by our negligence is not limited.
13.3 Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.
13.4 We will not be responsible for:
13.4.1 any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or
13.4.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.
14 NOTICES
14.1 All notices from you to us must be in writing and sent via provided email address or by post at Traders Coffee Limited, 274 Ewell Road Surbiton, London, KT6 7AG Surrey , United Kingdom. All notices from us to you will be displayed on our Website from time to time.
15 EVENTS BEYOND OUR CONTROL
16.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.