Online Order Terms & Conditions of Sale
1.0
We fulfil our own online orders made on our Isabel’s Free From website.
1.1 These terms constitute a legal document (“the Agreement”) which sets out the rights and obligations of you as purchaser (“you”), and those of Isabel’s Cuisine Ltd
(“Isabel’s”). (“us or we”), in relation to products/services offered by us through this site. By registering to the Isabel’s site, you agree to the
terms of this Agreement, and re-affirm that agreement every time you use our service. If you do not accept these terms please exit this site immediately.
1.1.1 “Isabel’s” may revise these Terms & Conditions at any time, so you should review them periodically to ensure proper compliance, as they are
binding on you.
1.2
You agree to:
1.2.1
provide true, accurate current and complete information about yourself as prompted by our registration form (such information being the “Registration
Data”); and
1.2.2
maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current and incomplete or Isabel’s Cuisine Ltd. has a reasonable ground to suspect that such information is untrue, inaccurate, not current or
incomplete, Isabel’s Cuisine has the right to suspend or terminate your account, cease supply and refuse you any all current or future use of the Isabel’s Free From site.
1.2.3
Isabel’s Cuisine Ltd. is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children
access to the site should assist them in setting up any relevant accounts and supervise their access to the site. Once you have allowed your child access
to the site, he/she will be able to access the entire site. Please remember that the site is designed to appeal to a broad audience. Accordingly, as legal
guardian, it is your responsibility to determine whether the site is appropriate for your child.
2. Place of performance and applicable law.
Isabel’s Cuisine Ltd. is a company registered in England. Unless otherwise specified, the material on this site is directed at those who access this site from
United Kingdom mainland. Isabel’s Cuisine makes no representation that any product referred to, and the materials on this site, are appropriate for use or
available in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws, if and to the
extent local laws are applicable. English law shall govern this Agreement.
3. Placing an order
3.1
A notice will be displayed on your web browser before you submit an order with Isabel’s. (“Pre-contract Notice”). The Pre-contract Notice contains
important information such as a description, price and delivery charges of the goods ordered. Isabel’s Cuisine suggests that you print off a hard copy of the
notice or save a copy to your hard drive for your own records.
3.2
Isabel’s Cuisine will not be obliged to supply the goods submitted in your order until you have received an e-mail from us accepting your order (Order
Confirmation). However, in the event the goods are listed on the Isabel’s site at an incorrect price due to typographical error or error in pricing
information received from its suppliers but Isabel’s Cuisine have accepted your order before the discrepancy is noticed, Isabel’s Cuisine shall e-mail you to ask whether
you are willing to pay the correct price for the goods ordered. If you are unwilling to pay the correct price, Isabel’s Cuisine reserves the right to cancel the
contract immediately without any liability to you.
3.3
If Isabel’s Cuisine exercises its right under clause 3.2 to cancel a contract it will immediately issue a credit to your debit or credit account if it has already
made a charge to your card before cancelling your order; or Isabel’s Cuisine will not charge your debit or credit card until the goods are despatched to you.
3.4
In the event that goods ordered by you are not available, Isabel’s Cuisine reserves the right to provide you with goods of similar quality and specification and
will inform you of such in the Order Confirmation.
4. Right to cancel
4.1
You have the right to cancel either:
4.1.1
within 48 hours from the date of delivery if Isabel’s Cuisine has supplied goods to you; or
4.1.2
within 12 hours from the date Isabel’s Cuisine sent you the Order Confirmation.
4.2
The cancellation notice should be sent by e-mail to Isabel’s Cuisine at [email protected] and
must state your name, description of the goods and order number; attaching the order confirmation Isabel’s Cuisine originally sent you. This will also assist
Isabel’s Cuisine in processing your cancellation as quickly as possible. (The order number is stated in the order confirmation emailed to you on Isabel’s Cuisine
acceptance of your order.)
4.3
If your order has not been despatched, the cancellation process will be completed within 48 hours, refunding your debit/credit card.
4.4
Where Isabel’s Cuisine have supplied goods to you, you must take reasonable care of goods in your possession pending their return to Isabel’s Cuisine. Isabel’s Cuisine will
only accept the returned goods in their original packaging and which have been unopened. If otherwise, this will invalidate your right to cancel the
contract.
4.5
You must return the goods to Isabel’s Cuisine by registered post or similar within five days (excluding Saturdays, Sundays or Bank Holidays) from the date of
Cancellation Notice. You are responsible for the cost of returning the goods to Isabel’s Cuisine and the risk of damage to the goods in transit. If the goods are
damaged in transit Isabel’s Cuisine reserves the right to refuse a refund, and it will be your responsibility to seek compensation from the carrier.
4.6
Once Isabel’s Cuisine has received the returned goods and satisfied itself that you have complied with clause 4.3, it will send you confirmation by e-mail that
the return of goods has been accepted by Isabel’s Cuisine and will immediately make a refund of the contract price to your debit or credit card used to purchase
the goods.
4.7
Isabel’s Cuisine will not be held responsible for goods seized by customs officials. Customers are advised to check with their local customs office for a list of
restrictions governing import goods.
4.8
Local taxes & duties are payable by the customer on receipt of goods. Customers are advised to check with their local customs office for a list of
products which carry import duties and taxes.
5. Content
5.1
Isabel’s Cuisine has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Isabel’s Cuisine disclaims
all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
5.2
Isabel’s Cuisine shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials
on this site.
5.3
Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Isabel’s Cuisine. When you activate any of
these you will leave the Isabel’s site, and Isabel’s Cuisine has no control over and will accept no responsibility or liability for the material on any site which
is not under the control of Isabel’s Cuisine.
6. Limitation of Liability
6.1
Nothing in this Agreement shall affect the statutory rights of any consumer.
6.2
Subject to clause 6.1, you agree that Isabel’s Cuisine shall not be liable either in contract, tort negligence, statutory duty or otherwise, for any:
6.2.1
loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with
this Agreement;
6.2.2
direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts,
omissions failures or delays occurring on or in relation to those parts of the Internet not under Isabel’s Cuisine direct control including, without limitation,
damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business
information, or any other pecuniary loss (even where Isabel’s Cuisine has been advised of the possibility of such loss or damage).
6.3
You also agree that (except in relation to such liability as has been expressly excluded in clause 6.1 above) the maximum aggregate of liability of
Isabel’s Cuisine in contract, tort, negligence, statutory duty or otherwise (even where Isabel’s Cuisine has been advised of possibility of such loss or damage), for any
loss or damage whatever arising from or in any way connected with:
6.3.1
any defect in product;
6.3.2
any failure by Isabel’s Cuisine to process signals, data, information, orders or messages correctly or in a timely manner;
6.3.3
any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling
or distortion of data or information contained in them; and
6.3.4
any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking
place within any twelve month period shall be limited, in the case of defects falling within clause 6.3.1, to three times the price of of goods/services.
This limit shall also apply in the event that any exclusion or provision contained in this Agreement is held to be invalid for any reason and Isabel’s Cuisine
becomes liable for loss or damage that could otherwise have been limited.
6.4
You agree and acknowledge that you are in a better position than Isabel’s Cuisine to foresee and evaluate any potential damage or loss that you may suffer in
connection with goods and services provided by Isabel’s Cuisine, and therefore that Isabel’s Cuisine cannot adequately insure in respect of such liability. You warrant
to Isabel’s Cuisine that you will insure against, or bear yourself, any loss for which Isabel’s Cuisine has excluded liability.
6.5
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the limitations of liability set out in this clause 6 may not apply to you.
7. Indemnity
Save to the extent that it falls within the provisions of clause 6, you shall indemnify Isabel’s Cuisine and any third party (including its sub-contractors) from
any claim against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal
proceedings, including, but not limited to, claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising
from your use of the Isabel’s site or purchase of goods and or services from that site which are brought or threatened against Isabel’s Cuisine or suffered or
incurred by Isabel’s Cuisine by another person or entity.
8. Delivery
Delivery times quoted are estimates only, and Isabel’s Cuisine shall not be liable for any delays caused except to the extent caused wilfully or negligently by
Isabel’s Cuisine. However, unless we have agreed a longer period for delivery with you, we will either dispatch goods within 24 hours (excluding Saturday and
Sunday) of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know, then we will
either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods. Delivery costs are weight
based. Isabel’s Cuisine uses Royal Mail to dispatch goods under 2 KG to the UK and Northern Ireland, under 4KG to the Channel Islands and under 2KG for European
deliveries. Orders above these weights are dispatched by our courier services. Delivery time for courier services to UK mainland addresses is overnight,
3-5 working days for Europe and 4-10 working days for non-European orders. Delivery times are estimates only. We are reliant on Royal Mail and Courier
services to meet the delivery time estimates.
We guarantee that any breakages will be either refunded or replaced. We require photographic evidence of all breakages for a refund to be issued.
If in the unlikely event your delivery has been lost in transit we will attempt to track your order (for all orders over 2KG) and if we are unable to
locate your shipment, we will either send a replacement order or refund the total cost of the order. For UK deliveries a refund claim will only be
considered 14 working days after confirmation of dispatch and after 21 days for European and International orders.
If in the unlikely event your order is accidentally dispatched as standard delivery instead of expedited delivery, when the expedited service has been paid
for by the customer, Isabel’s Cuisine will refund the customer cost difference between the premier & the standard delivery option. We require photographc
evidence of the postage stamp for a refund to be issued. We will only refund or replace damaged goods which make the product unfit for consumption.
9. Complaints Handling Procedure
We welcome all feedback to help us improve our service at Isabel’s Cuisine. If you have a complaint regarding any aspect of Isabel’s please contact us
immediately. We will endeavour to respond to your comments with five working days, and we would hope to resolve any issues within 30 days.
10. Intellectual Property
10.1 Copyrights
All designs, text graphics and their selection and arrangement on this site are copyright to Isabel’s or its content providers. As a visitor to the
Isabel’s site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of
materials on this site without Isabel’s prior written consent is strictly prohibited.
10.2 Trade Names, logos and trademarks belong to Isabel’s, its affiliates and/or partners
By entering this Website you acknowledge and agree that any name, logo, trademark or service mark contained on this Website is owned by Isabel’s and may
not be used without prior written approval. Your use of any of these materials is prohibited unless specifically provided for on the Website. Without in
any way waiving any of the foregoing rights, you may download one copy of the material on this Website for your personal, non-commercial home use only,
provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, re-posting or use of the material on this Website
that would damage the reputation of Isabel’s or its partners, or any model or person, violates Isabel’s legal rights. Isabel’s will enforce its
intellectual property rights to the full extent of the law. Any unauthorised use of all, part, or any aspect of Isabel’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.
11. Software
11.1
intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our
property or that of our licensors.
11.2
without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended,
supplemented or replaced from time to time) you shall not and shall not permit any person to:
11.2.1
disassemble, reverse engineer, decompile, or in any other way interfere with the Software;
11.2.2
copy or modify the Software; or
11.2.3
create any new Software partly or wholly based on the Software.
11.3
Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes
identified on the site in relation to the Software.
11.4
You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
12. Typographical and Pricing Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers,
we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the purchase an order is cancelled, we shall immediately issue a credit to your
credit/debit card account in the amount of the charge.
13. Matters Beyond our Reasonable Control
Isabel’s Cuisine shall not be held responsible for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of
God, fire lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees),
acts or omissions or Internet services providers or acts of local or central Government or other competent authorities.
14. Language
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the
English language version shall prevail.
15. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall
remain valid and enforceable.
