Terms & Conditions
CAVIAR COUNTER LTD – TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
These terms may have changed since you last reviewed them.
This version is dated [DATE]. If you would like a copy of any previous version(s), you can contact our Customer Service Team.
Where to find information about us and our products
You can find everything you need to know about us, Caviar Counter Ltd, and our products on our website before you order. We also confirm the key information to you in writing (by email) after you order.
To contact us, please email our Customer Service Team using the following email address: [EMAIL ADDRESS].
We only accept orders when we've checked them
We contact you to confirm we've received your order and we then contact you again, by email, to confirm that we have accepted it. We will assign an order number to your order and will tell you what your order number is when we email you to confirm that we have accepted your order.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas (please refer to our website for the latest information on our delivery areas) or because the product was mispriced by us. When this happens, we let you know as soon as possible and you will not be charged by us. In the unlikely event that you have paid us any sums in relation to a rejected our, we will refund any sums you have paid.
You will own your product once we have received payment in full.
We charge interest on late payments
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on some increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as:
· acts of God, flood, drought, earthquake or other natural disaster;
· epidemic or pandemic;
· terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
· nuclear, chemical or biological contamination or sonic boom;
· any law or action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
· collapse of buildings, fire, explosion or accident; or
· non-performance by any of our suppliers or sub-contractors; or
· interruption or failure of a utility service,
we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for, but not received.
We’re not responsible for the actions of third-party couriers
Please note that we cannot accept responsibility for deliveries handled by third-party couriers. While we carefully select and vet the delivery services we use, our responsibility ends once your order is handed over to the courier. From that point on, the courier's terms and conditions apply in relation to your delivery.
Products and their packaging can vary slightly from their pictures
A product's true colour may not exactly match that shown on your device or its packaging may be slightly different. All pictures are provided for illustrative purposes only. Furthermore, any information provided on our website is simply intended to inform you about the essential characteristics of the product and is not intended to replace, amend or otherwise affect any information appearing on the packaging of any product.
You have a legal right to change your mind
Your legal right to change your mind. If you buy our products online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can't change your mind. You can't change your mind about an order for:
· products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
· goods that are made to your specifications or are clearly personalised;
· goods which become mixed inseparably with other items after their delivery; and
· fresh or perishable products, which includes all caviar products we sell. These products may be neither returned nor exchanged.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If the product is for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team.
You have to return the product at your own cost. You have to return your product (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product. You can send the product back to us using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, contact our Customer Service Team.
We only refund standard delivery costs. For example, we don't refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund.
When and how we refund you. If you tell us you've changed your mind about a product that hasn't been dispatched or one that we're collecting from you, we refund you as soon as possible and within 14 days. If you're sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for a subscription to goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team.
You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our Customer Service Team immediately on receipt of the product. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (www.citizensadvice.org.uk.) Remember too that you have several options for resolving disputes with us.
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Summary of your key legal rights |
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The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: Up to 30 days: if your goods are faulty, then you can get a refund. Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. |
We can change products and these terms
Changes we can always make. We can always change a product:
· to reflect changes in relevant laws and regulatory requirements; or
· to make minor technical adjustments and improvements, which may include sourcing a new supplier for that product. These are changes that don't affect your use of the product.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
· deal with technical problems or make minor technical changes;
· update the product to reflect changes in relevant laws and regulatory requirements; or
· make changes to the product.
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than four weeks you can contact our Customer Service Team to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
We can stop providing a product, such as a subscription for goods. We let you know at least 14 days in advance and we refund any sums you've paid in advance for products which won't be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
· you don't make any payment to us when it's due and you still don't make payment within seven (7) days of our reminding you that payment is due;
· you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, delivery address or instructions;
· you don't, within a reasonable time, allow us to deliver the product to you or collect it from us.
We don't compensate you for all losses caused by us or our products
We're not responsible for losses you suffer caused by us breaking this contract if the loss is:
· Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
· Caused by a delaying event outside our control. As long as we have taken the steps set out in the section headed “We're not responsible for delays outside our control” above.
· Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
To the extent that you use a product for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: [LINK]
You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR) through their website at https://www.cedr.com/. If you're not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract
You must only purchase products from us for your own personal use. You must not use or resell any such products for the purposes of your trade, business, craft or possession.
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. If you're unhappy with the transfer you can contact our Customer Service Team to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
You can only transfer your contract with us to someone else if we agree to this. We reserve the right not to agree.
Nobody else has any rights under this contract. This contract is between you and us (other than someone you told us you were giving a product to as a present). Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
CAVIAR COUNTER LTD – WEBSITE TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using our website [DOMAIN ADDRESS] (our “site”).
Who we are and how to contact us
[DOMAIN ADDRESS] is a site operated by Caviar Counter Ltd (“we”, “us” or “our”). We are registered in England and Wales under company number 15259989 and have our registered office at Finchley Park, Emmet Hill Lane, Laddingford, England, ME18 6BG. Our VAT number is [VAT NUMBER]. We are a limited company.
To contact us, please email our Customer Service Team using the following email address: [EMAIL ADDRESS].
By using our site you accept these terms
By using our site, you confirm that you accept these terms of service and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of service refer to the following additional terms, which also apply to your use of our site:
· Our Privacy Policy ([LINK]), which explains how we collect, use and store your personal data.
· Our Cookie Policy ([LINK]), which sets out information about the cookies on our site.
If you purchase goods or services from our site, our Terms and Conditions for the Supply of Goods (above) will apply to the sales.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on [DATE].
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.
We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is only for users in UK
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify our Customer Service Team.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
· Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model.
This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Our site, its content and any services provided in relation to the same is only targeted to, and intended for use by, individuals located in the United Kingdom (the “Permitted Territory”). By continuing to access, view or make use of our site and any related content and services, you hereby warrant and represent to us that you are located in the Permitted Territory.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact our Customer Service Team
Our trade marks are registered
CAVIAR COUNTER is a trade mark of Caviar Counter Ltd. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under the section headed “How you may use material on our site”.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
We are not responsible for viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not introduce viruses
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
· We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
· Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions for the Supply of Goods.
If you are a business user:
· We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
· We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our site; or
· use of or reliance on any content displayed on our site.
· In particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user:
· We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
· If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
How we may use your personal information
We will only use your personal information as set out in our Privacy Notice.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.