Terms and conditions
Please read all these terms and conditions.
Considering that we can accept your order and make a legally enforceable agreement without further reference to you, please read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Essa Foods Limited, a company registered in England and Wales under number 13025866 whose registered office is at 158 Iveagh House, Loughborough Road, SW9 7SG and our email address is info@essafoods.co.uk; (the Supplier or us or we).
These are the terms which will apply when we sell all Goods to you. You agree that by ordering any of the Goods, you will be bound by these Terms and Conditions.
Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you (the Consumer) and us( the Supplier) for the supply of the Goods;
Delivery Location means the location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which outline how we will deal with confidential and personal information received from you via the Website;
Website means our website essafoods.co.uk on which the Goods are advertised.
Goods
The description of the Goods is as set out in the Website, catalogues, flyers, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
It is your responsibility to ensure that any information or specification you provide is accurate, where any Goods are made to your special requirements
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
Our use and retention of all information is done strictly under the Privacy Policy.
We may contact you via e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Goods in our website is not a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. You can check and amend any errors at each stage before submitting the Order. It is your responsibility to ensure that you have used the ordering process correctly.
A Contract for the sale of Goods ordered will only be formed only when you receive an email from us confirming the Order (Order Confirmation). You must make sure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order you place. By placing an Order you agree to us giving you confirmation of the Contract via an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event no later than the time of the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of days from its date, unless we expressly withdraw it at an earlier time.
There can be no variation of the Contract, whether about description of the Goods, Fees or otherwise, after it has been entered into unless the variation is agreed to in writing by the Customer and the Supplier.
We intend for these Terms and Conditions to apply only to a Contract entered into by you as a Consumer. If this is not the case, you must inform us, so that we can provide you with a different contract with more appropriate and possibly better terms for you, eg by giving you rights as a business.
Price and Payment
The price of the Goods and any additional delivery or other charges is stated on the Website at the date of the Order or any other price as we may agree in writing.
Prices and charges include TAX at the applicable rate at the time of the Order.
You must pay by providing your credit or debit card details with your Order and we can take payment immediately after the submission of your details or otherwise before delivery of the Goods.
Delivery
We will deliver the Goods, to the Delivery Location by the time or within the agreed period, where an agreement has not been reached, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
If we do not deliver the Goods on time, in any case, regardless of events beyond our control, you can (in addition to any other remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if delivery on time is essential considering all the relevant circumstances at the time the Contract was made, or you informed us before the Contract was made that delivery on time was essential; or
after we have failed to deliver on time, we do not deliver within a later period you have specified which is appropriate to the circumstances
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right you still own to use the Goods, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
You can withdraw the Order before the Contract is made by telling us. You may simply wish to change your mind without providing us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special specifications (the Returns Right) by telling us no later than 28 calendar days from the day the Contract was entered into, This will be the case even if you simply wish to change your mind without giving us a reason and you will not incur liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. We will subsequently and without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
Subject to terms stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website alfarrerium.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the righ``t to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, resulting unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it exceeds the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, you must pay us the amount of that loss, if that deduction is not made
Timing of reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
If you receive Goods in connection with a Contract which you have cancelled, you must send back the Goods or hand them over to us at 158 Iveagh House, Loughborough Road, SW9 7SG without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the expiry of the 14 days period. You agree to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
We will adhere to our legal duty to supply the Goods in conformity with the Contract, by meeting the following obligation.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
The benefit of this Contract can be transferred to someone else by either party, although they will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors chosen to assist with the performance of duties.
Circumstances beyond the control of either party
In the event of any failure by a party due to circumstances beyond its reasonable control:
the party will inform the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as is reasonable, provided that they will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, this will not however affect the Customer’s rights relating to delivery and any right to cancel, below.
Privacy
Your privacy is important to us. We respect your privacy and comply with the General Data Protection Regulations regarding your personal information.
These Terms and Conditions should be read with, and additionally to our policies, including our privacy policy (https://essafoods.co.uk/privacy-policy/) and cookies policy ().
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, or the GDPR.
‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us for the provision of Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the relevant Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
To make enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address:info@essafoods.co.uk
Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
This Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We aim to avoid disputes and seek to deal with complaints quickly and efficiently: if you have any issues or complaints, you can inform us by email on ‘info@essafoods.co.uk’