Terms & Conditions
Cottage Box Ltd Terms & Conditions
3.1 you are legally capable of entering into binding
contracts;
3.2 you are at least 18 years old;
3.3 you are a resident in one of the Serviced Countries; and
3.4 you are accessing our site from that country.
4.1 All use of our Website and purchases made on this
Website are governed by these terms and conditions. After placing an order via
our Website, 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 by
subscribing to a Service. Subject to our cancellation rights set out in clause
4.5 below, acceptance of your order and completion of the contract between us
(the “Contract”) will take place when we dispatch the Products to you.
5.1 The images of Products on our Website are for illustrative
purposes only. Your Products may differ slightly from those as displayed on our
Website and food by its nature may vary in colour and size. The packaging of
Products may also vary from as shown on our Website.
6.1 At present Cottage Box Ltd. Does not offer a Gift Card
or Voucher option.
7.1 You may deactivate an order, or cancel your subscription
at any time, however you must do so by the Tuesday the week before your
delivery. To deactivate you must email info@cottagebox.uk by 5pm.
7.2 As our Products contain fresh and perishable food, you
are not entitled to the regular rights of consumers to return goods within 14
days after you receive them simply because you change your mind. There is an
exemption pursuant to regulation 27(1)(c) of the Consumer Contracts (Information,
Deactivation and Additional Charges) Regulations 2013, that confirms that
contracts for the supply of goods are exempt from the right to withdrawal if
those goods are liable to deteriorate or expire rapidly.
8.1 If you have any questions regarding our delivery
locations, please contact us at info@cottagebox.uk.
8.2 Delivery timings stated on our Website or via Email are
an indication, and not a guarantee of delivery within these hours. We reserve
the right to deliver your box at any point on the day of delivery set out in
the dispatch confirmation.
8.3 Delivery will be completed when we, or our authorised
courier company, deliver the Products to the address you gave us. If no one is
available at this 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 or available, the order will be left in
an area that the authorised courier company considers safe.
8.4 A leave safe location if specified or available should 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.
8.5 The courier company may try to contact you on the
telephone so that delivery can take place. The delivery driver will use the
telephone number associated with your order, which may also be printed on the
delivery label.
8.6 Cottage Box’s obligation to deliver the box shall be
fulfilled once the courier delivers the box at the safe spot specified by you
or the box is considered safe by the courier.
Cottage Box reserves the right to change your delivery date with prior notice. If we have left your Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.
9.1 Once the delivery is completed, according to the
preceding paragraph (i.e. received by a customer, left in a safe spot if
specified or available 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. Cottage Box shall not
be held liable for any damage, defect or loss which may occur thereafter.
10.1 The price of the Products and delivery charges will be
as quoted on our Website.
10.3 Product prices and delivery charges are liable to
change at any time, but the changes will not affect orders in respect of which
we have already sent you a Dispatch Confirmation.
10.4 Payment for all Products and Services must be by credit
or debit card. We accept payment with Visa and Mastercard, Amex and PayPal.
10.5 Payment details are not stored by Cottage Box. Further
details are set out in our privacy policy available on our Website. Cottage Box
does not have access to view your full credit or debit card details.
10.6 Payment is processed at the time of purchase.
10.7 If payment for your order is unsuccessful the Product will
not be dispatched and the sale will be deemed to have not occurred.
11.1 If you are unhappy with your products for a legitimate
reason such as: the box was missing ingredients, the box was damaged or the box
did not arrive, we will offer an appropriate refund as long as it can be shown
that the box you were charged for was not supplied as it should have been.
12.1 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.
13.1 Subject to clause 13.2, if we fail to comply with these
terms and conditions, we shall only be liable to you for the purchase price of
the Products.
13.2.1 Death or personal injury caused by our negligence;
13.2.2 Fraud or fraudulent misrepresentation;
13.2.3 Any breach of the obligations implied by section 12
of the Sale of Goods Act 1979;
13.2.4 Defective products under the Consumer Protection Act
1987; or
13.2.5 Any other matter for which it would be illegal for us
to exclude or attempt to exclude our liability.
14.1 Applicable laws require that some of the information or
communications we send to you should be in writing. When using our Website, 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.
15.1 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.
15.2 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.
16.1 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”).
16.2 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:
16.2.1 Strikes, lock-outs or other industrial action;
16.2.2 Civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not) or threat or
preparation for war;
16.2.3 Fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster;
16.2.4 Impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or private transport;
16.2.5 Impossibility of the use of public or private
telecommunications networks; and
16.2.6 The acts, decrees, legislation, regulations or
restrictions of any government.
17.1 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.
17.2 A waiver by us of any default will not constitute a
waiver of any subsequent default.
17.3 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.
18.1 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.
19.1 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.
19.2 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.
19.3 Nothing in this clause limits or excludes any liability
for fraud
20.1 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.
20.2 You will be subject to the policies and terms and
conditions in force at the time that you order Products from us.
21.1 Contracts for the purchase of Products through our website 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 English 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 England and Wales.
