Terms and Conditions
Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Mashpac Ltd.
Introduction
Thank you for accessing this Website www.mashpac.co.uk which is operated by Mashpac Ltd, a company incorporated in England, whose registered office is at The Greys, Bucks Hill, Chipperfield, Herts. WD4 9AT (registered with company number 6353271) ("we" or "us") and pertains to all orders that you may make for the food, drinks and Products advertised for sale by us (the "Products") via the Mashpac Ltd website, www.mashpac.co.uk (the "Website"). This website has been designed and is run to promote the sales of products and services we supply. By using this site, you confirm your acceptance of our Terms and Conditions.
1. Copyright Notice
1.1 This site and all content are protected by copyright and other rights of intellectual property owned by us.
1.2 Anyone accessing this site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose without prior consent from us. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.
2. Links to other websites
Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.
3. Governing law and jurisdiction
These conditions are governed by the laws of England.
4. Privacy Policy
4.1 Registration. Your personal details will not be used or disclosed for any purpose other than processing your Mashpac Ltd order. We will not hold your data any longer than necessary or pass it to any third party. We may use your email address details to keep you informed about our products and services; however you can opt out of this service when you register.
4.2 Payment. Your payment details must be re-entered each time you place an order online. This allows you the flexibility to change your payment method week by week. Your payment details are not being stored in our internet databases. The information is sent to our third party, secure payment processing centre solely for the purpose of processing online payments. We will never share, sell, or otherwise disseminate any of your personal payment information to any other third party. Our third party online payment provider, Protx (www.protx.com), serves as our e-commerce gateway and processes all online credit and debit card payments on behalf of Mashpac Ltd.
5. Registration
5.1 To order from Mashpac Ltd, you must register with us. This is referred to as 'set up an account' throughout our Website and literature. However, this is not a credit account; payment will be required when completing your transaction at the checkout.
5.2 To register with Mashpac Ltd you must be over eighteen years of age.
5.3 You must ensure that the details provided by you on registration or at any time are correct and complete.
5.4 You must inform us promptly of any changes to the information that you provided when registering by updating your personal details.
5.5 The personal and payment details you give to us are governed by a strict privacy policy – see above.
6. Password and security
6.1 When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password.
6.2 If Mashpac Ltd has reason to believe that there is likely to be a breach of security or misuse of the Mashpac Ltd website, we may suspend or cancel your account.
7. Payment
We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
8. Product purchases
8.1 You must be over the age of eighteen to purchase alcohol from Mashpac Ltd. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.
8.2 Your submission of an order amounts to an offer to enter a contract to buy the Products from us; you cannot then withdraw or cancel your order except as stated below.
8.3 An order is accepted from you when you complete the transaction online. You will then receive an order confirmation message by email. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order.
8.4 Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products.
8.5 All Products offered by us are subject to seasonal changes in supply levels and supply prices.
8.6 All products to our best knowledge are not GM.
8.7 Our products may have come into contact with nuts or nut products in transport or storage.
8.8 Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadline of the order being made up. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. Any payments you have made for orders which have been properly cancelled will be re-credited to you.
8.9 You are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
8.10 We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.
9. Prices
All prices for Products are inclusive of the cost of delivery and any applicable VAT.
10. Delivery of Products and inspection by you
10.1 We will make delivery to your address as stated when you set up an account or update that address.
10.2 You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
10.3 Any changes to address details must be made before the order deadlines, please call to get confirmation of the deadlines.
10.4 We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so.
10.5 If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless or until we have delivered them to you.
10.6 You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 14.
11. Availability of the Website
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
12. Cancellation rights
11.1 Although Mashpac Ltd aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
11.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email (homedelivery@mashpac.co.uk) or telephone (01923 261540)
13. Warranties and MashPac's liabilities
13.1 Whilst Mashpac Ltd tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case.
13.2 Without prejudice to your statutory rights (see paragraph 11, below), Mashpac LtdLtdmay correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
13.3 We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.6. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.
The warranty in paragraph above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.
13.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
• any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
• any losses which are not caused by any breach by us; or
• business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).
13.5 Our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.
13.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
13.7 We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
14. Your statutory rights
14.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
14.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact your local Trading Standards Office (www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
14.3 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).
15. Revisions
We reserve the right to revise these Terms and Conditions from time to time.
We at Mashpac Ltd appreciate you taking the time to view our Terms and Conditions and look forward to taking your order soon.