TERMS & CONDITIONS
OVERVIEW
This page together with our Privacy Policy tells you information about us and the legal terms and conditions on which you access and use the website and upon which we sell any of the products (“Products”) listed on our website to you (“Terms”).
GENERAL TERMS AND CONDITIONS
1. INFORMATION ABOUT US
We operate the website www.orrissandson.com (the “site”). Orriss & Son is a brand name operated by Cambridge Sauce Limited a company registered in England and Wales under company number 12663981 and with our registered office at 33 Renard Way, CAMBRIDGE, Cambridgeshire, CB2 9EW. Our VAT number is 359222491.
2. CONTACTING US
Via Email:
hello@orrissandson.com
Via Post:
Cambridge Sauce Ltd.
Room 33, Newton Hall
Cambridge CB22 7ZE
3. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
4. OUR RIGHT TO VARY THESE TERMS
4.1 We amend these Terms from time to time and your continued use of the site following any changes shall be deemed to be your acceptance of such change. These terms were most recently updated on 19 November 2020.
4.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. You should print a copy of these Terms or save them to your computer for future reference.
4.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will arrange a full refund of the price you have paid, including any delivery charges.
TERMS AND CONDITIONS RELATING TO THE SALE OF PRODUCTS
This section of the Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
These Terms apply to you as a consumer, which is a private individual purchasing goods from us. They do not apply if you are acting as a trade customer (in other words, you are a business which is purchasing goods from us, regardless of whether you are registered with us as a trade customer).
5. OUR PRODUCTS
5.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
5.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
5.3 The packaging of the Products may vary from that shown on images on our site.
5.4 We reserve the right to change or withdraw products offered by us and that are displayed on our site without notice.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation. You are entitled to amend your order after it has been placed but before the Dispatch Confirmation is sent. If you wish to amend your order please e-mail hello@orrissandson.com.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. RETURNS AND REFUNDS
7.1 You are able to request a refund on a Product via email, up to 14 days after receiving the Product.
7.2 The Product must be returned to us in its original condition and be fit for resale and have the necessary receipts enclosed with 14 days of your NOTIFICATION to us. The original foil seal must still be intact and UNOPENED. If the Product is not fit for resale, we will not be able to issue a refund.
7.3 As a small business, we are unable to offer pre-paid returns so you will be responsible for paying for postage and packaging. We are not able to issue refunds if the Product arrives broken or damaged in anyway, so please pack the products carefully, using the original packaging included in your order where possible.
7.4 We will process SUCCESSFUL refunds within 14 days of receipt of Products.
7.5 In the event you receive a faulty or damaged Product, please email us with the details of the issue and we will discuss issuing a replacement.
8. DELIVERY
8.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 14 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, the delivery driver may attempt to leave it in a safe place or with a neighbour. If this is not possible, a card will be left with details of any rescheduled delivery date (if applicable) or alternatively how to collect or rearrange your delivery. Should any order be returned to us and you made no attempt to contact us or the courier regarding delivery, we will be entitled to charge a standard delivery charge to re-send the order.
8.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave (or other address in accordance with Clause 8.2) and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8.5 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
8.5.1 we have refused to deliver the Products;
8.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.7 If you do choose to cancel your Order for late delivery under Clause 8.5 or Clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery in accordance with Clause 7.
8.8 We do not accept any responsibility for delayed or failed delivery of a Product which results from your failure to provide correct address information. If a Product is returned to us because you fail to provide correct address information, we reserve the right to require that you pay additional postage costs (and administration fees and taxes, if applicable) before we re-deliver the Product.
9. NO INTERNATIONAL DELIVERY
Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
10.5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11. DISCOUNTS, VOUCHERS, PROMOTIONS AND GIFT VOUCHERS
11.1 Any promotions, discounts or vouchers (“Offers”) are single use only and not to be used in conjunction with any other Offer unless otherwise stated.
11.2 Offers are available only while stock lasts.
11.3 Any Offers advertised on our site can only be used on the site.
11.4 We reserve the right to withdraw or terminate any of our Offers at any time, either as a whole or for specific delivery areas or customers. If this happens, then the Offer may not be used for any orders placed after the date of withdrawal or termination.
11.5 We may from time to time run different Offers, with different terms (including amounts, types and expiry dates). We reserve the right to limit the applicability of any particular Offers to specific regions or delivery areas. Different Offers may be run simultaneously but cannot be used in combination with each other unless explicitly allowed.
11.6 We reserve the right to reject the use of an Offer where fraud or breach of these Terms is suspected.
12. HOW TO PAY
12.1 You can pay for Products using a debit card or credit card via Stripe, or by using PayPal. We accept all major credit and debit cards. When you give us your credit or debit card details you are confirming that you are either the card holder, or that you have permission from the card holder to use the card to order from us.
12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12.3 All payments are managed securely by our trusted third party payment providers.
13. OUR LIABILITY
13.1 If we fail to comply with these Terms or we act negligently, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. The maximum amount we are liable for is the cost of the Products plus any relevant delivery charges.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any other liability which we are not allowed to exclude or limit by law.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 14.2.
14.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges.
14.5 We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law or breach these Terms.
14.6 References in this Clause 14 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat the order as cancelled, end the Contract and notify you in writing.
TERMS AND CONDITIONS RELATING TO YOUR USE OF THE SITE
This section of the Terms apply to you regardless of whether you are a private individual, a trade customer or other legal entity using the site and regardless of whether or not you purchase Products from the site.
15. ACCEPTANCE OF TERMS AND CONDITIONS
Your access to and use of the site is subject exclusively to these Terms. You will not use the site for any purpose that is unlawful or prohibited by these Terms. By using the site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms you must immediately stop using the site.
16. SURVEYS AND CONTESTS
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as postcode and age). Contact information will be used to notify the winners and award prizes. Information disclosed will be used in accordance with our Privacy Policy.
17. TERMINATION
Cambridge Sauce Limited have the right to terminate your access to any or all of the Services or site at any time, without notice, for any reason, including without limitation, breach of these Terms. Cambridge Sauce Limited may also at any time, at our sole discretion, discontinue the site or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the site or Services.
18. LINKS TO THIRD PARTY WEBSITES
The site or Services may include links to third party websites that are controlled and maintained by others. Cambridge Sauce Limited is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that Cambridge Sauce Limited has not reviewed all sites linked to this site and is not responsible for the content or availability of any such sites. Your linking to other off-site pages or other sites is at your own discretion and risk.
19. LINKS FROM THIRD PARTY WEBSITES
19.1 You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage Cambridge Sauce Limited or any of its products reputation or take advantage of it, but you must not establish a link in such a way was to suggest any form of association, approval or endorsement on Cambridge Sauce Limited’s part where none exists.
19.2 You must not establish a link from any website that is not owned by you.
20. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
21. INTELLECTUAL PROPERTY RIGHTS
21.1 Cambridge Sauce Limited is the owner of copyright in this site. Pictures, graphics, text, images of places or people are either the property of Cambridge Sauce Limited or used on this site with permission of the owner of the intellectual property. No portion on this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without Cambridge Sauce Limited’s express written permission, except if indicated herein.
21.2 By entering this site you acknowledge and agree that any name, logo, trademark or service mark contained on this site is owned by Cambridge Sauce Limited and may not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the site. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on this site that would damage the reputation of Cambridge Sauce Limited or its partners, or any model or person, violates Cambridge Sauce Limited’s legal rights. Any unauthorized use of all, part, or any aspect of Cambridge Sauce Limited’s or its partners’ Intellectual Property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
21.3 By using this site you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you submit to Cambridge Sauce Limited through this site will become and remain Cambridge Sauce Limited’s property and therefore may be used by Cambridge Sauce Limited anywhere, anytime and for any reason whatsoever, without notice, compensation or any other obligation to you or any other person.
22. INDEMNITY
You agree to indemnify and hold Cambridge Sauce Limited harmless from and against any breach by you of these Terms and any claim or demand brought against Cambridge Sauce Limited by any third party arising out of your use of the site, Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Cambridge Sauce Limited in consequence of your breach of these Terms.
23. DISCLAIMERS AND LIMITATION OF LIABILITY
23.1 Use of the site and Services is at your own risk. The site and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
23.2 By entering this site you acknowledge and agree that your use is at your own risk and that this site, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this site are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of, or browsing of this site or in connection with any content, information, data, promotions, activities, associated with this site, or in connection with your downloading of any materials, text, data, images, video or audio from this site, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. You specifically acknowledge that Cambridge Sauce Limited shall not be liable for user submissions to the Services or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.
23.3 Cambridge Sauce Limited makes no warranty that the site or Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the site or Services will be uninterrupted or error free, that defects will be corrected or that the site or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
23.4 Nothing in these Terms shall be construed so as to exclude or limit the liability of Cambridge Sauce Limited for death or personal injury as a result of the negligence of Cambridge Sauce Limited.
23.5 Nothing in these Terms shall affect your statutory rights as a consumer.