Privacy
DEFINITIONS
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1.1 “Buyer” means the individual or organisation who buys or agrees to buy the
Goods and/or Services from the Supplier;
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1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair
Contract Terms Act 1977;
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1.3 “Contract” means the contract between the Supplier and the Buyer for the
sale and purchase of Goods and/or Services incorporating these Terms and
Conditions;
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1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
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1.5 “Services” means the services that the Buyer agrees to buy from the
Supplier;
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1.6 “Supplier” means Café Artysans of 7 Strother’s Lane, Inverness IV1 1LR that
owns and operates the website www.cafeartysans.org.uk/
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1.7 “Website” means www.cafeartysans.org.uk/
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1.8 “Terms and Conditions” means the terms and conditions of sale set out in
this agreement and any special terms and conditions agreed in writing by the
Supplier.
2.
CONDITIONS
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2.1 These Terms and Conditions shall apply to all contracts for the sale of
Goods and/or Services by the Supplier to the Buyer and shall prevail over any
other documentation or communication from the Buyer.
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2.2 Nothing in these Terms and Conditions shall affect the Buyer’s statutory
rights as a Consumer.
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2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of
the Buyer’s acceptance of these Terms and Conditions.
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2.4 Any complaints should be addressed to the Supplier’s address stated in
clause 1.6
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2.5 Any special conditions applying to the provision of the Services are set
out in the Schedule to this agreement.
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2.6 Any variation to these Terms and Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the Supplier.
3.
ORDERING
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3.1 When making an order through the Website, the technical steps the Buyer
needs to take to complete the order process are described in the order process
section.
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3.2 Where the Goods ordered by the Buyer are not available from stock the
Supplier reserves the right to substitute items of similar value and type.
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3.3 All orders for Goods and/or Services shall be deemed to be an offer by the
Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions
and are subject to acceptance by the Supplier. The Supplier may choose not to
accept an order for any reason.
4.
PRICE AND PAYMENT
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4.1 The price of the Goods and/or Services shall be that stipulated on the
Website. The price is EXCLUSIVE of VAT. Where applicable, the price EXCLUDES
delivery charges.
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4.2 Payment of the price plus VAT and delivery charges, if applicable, must be
made in full before dispatch of Goods or commencement of the Services or if the
Supplier agrees to credit terms, as per the payment terms stated on the invoice.
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4.3 After the order is received the Supplier shall confirm by email the
details, description and price for the Goods and/or Services together with
information on the right to cancel if the Buyer is a Consumer.
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4.4 The total purchase price, including VAT and delivery charges, if any, will
be displayed in the Buyer’s shopping cart prior to confirming the order.
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4.5 Where applicable, if any payment is not paid on time or any payment is
rejected or refused, the amount owing will be treated as overdue and the
Supplier will be entitled immediately to cease or suspend the provision of any
Service or further deliveries of Goods until payment has been received.
5.
RIGHTS OF SUPPLIER
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5.1 The Supplier shall not be liable to anyone for withdrawing any Goods and/or
Services from the Website or for refusing to process an order.
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5.2 The Supplier reserves the right to withdraw any Goods and/or Services from
the Website at any time.
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5.3 The Supplier reserves the right to periodically update prices on the
Website, which cannot be guaranteed for any period of time. The Supplier shall
make every effort to ensure prices are correct at the point at which the Buyer
places an order.
6.
GOVERNING LAW AND JURISDICTION
These
Terms and Conditions shall be governed by and construed in accordance with the
law of Scotland and the parties hereby submit to the exclusive jurisdiction of
the Scottish courts.
7.
AGE OF CONSENT
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7.1 Where Goods and/or Services may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare that they are of
the appropriate legal age to purchase the Goods and/or Services. If the
Supplier discovers that the Buyer is not legally entitled to order certain
Goods and/or Services, the Supplier shall be entitled to cancel the order
immediately, without notice.
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7.2 Where Goods and/or Services may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare that they are of
the appropriate legal age to purchase the Goods and/or Services.
8.
DELIVERY
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8.1 Goods supplied will normally be delivered on the date the order is requested
provided adequate notice as specified on the website is given. If the required
notice is not given orders will not be processed and the Supplier will not be
liable for any loss arising from non delivery in these circumstances.
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8.2 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the Buyer will be notified and given the opportunity to
agree a new delivery date or receive a full refund.
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8.3 Goods shall be delivered by the company itself ‘Café Artysans’.
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8.4 The Supplier shall use its reasonable endeavours to meet any time slot
agreed for delivery. In any event, time of delivery shall not be of the essence
and the Supplier shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or indirectly out of
any failure to meet any estimated delivery time.
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8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the
order and the Buyer shall make all arrangements necessary to take delivery of
the Goods whenever they are tendered for delivery.
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8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or
where the Buyer fails to take delivery at the agreed time, at the time delivery
was attempted.
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8.7 Title in the Goods shall not pass to the Buyer until payment of the price
has been made in full.
9.
LIMITATION OF LIABILITY
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Except as may be implied by law where the Buyer is dealing as a Consumer, in
the event of any breach of these Terms and Conditions by the Supplier the
remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the price of the Goods and/or Services and the Supplier
shall under no circumstances be liable for any indirect, incidental or consequential
loss or damage whatever.
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Nothing in these Terms and Conditions shall exclude or limit the liability of
the Supplier for death or personal injury resulting from the negligence of the
Supplier or that of the Supplier’s agents or employees.
10.
CANCELLATION/AMENDMENTS AND RETURN
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The Buyer shall inspect the Goods immediately upon receipt and shall notify the
Supplier immediately by telephone if the Goods are damaged or do not comply
with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed
to have accepted the Goods.
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The Buyer may cancel/amend any order for Goods for any reason up until 12 noon
on the day before the goods are due to be delivered. After this deadline the
Supplier reserves the right to charge the full cost of any food wasted and the
staff costs for any abortive work. Any payments made by the Buyer (less any
costs due to the Supplier) shall be refunded in full within 28 days.
11.
SEVERANCE
If
any term or provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been agreed
with the invalid illegal or unenforceable provision eliminated.
12.
FORCE MAJEURE
The
Supplier shall not be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to, acts of God,
strikes, lock outs, accidents, war, fire, failure of any communications,
telecommunications or computer system, breakdown of plant or machinery or
shortage or unavailability of raw materials from a natural source of supply,
and the Supplier shall be entitled to a reasonable extension of its
obligations.
13.
WAIVER
No
waiver by the Supplier (whether implied or expressed) in enforcing any of its
rights under this contract shall prejudice its rights to do so in the future.
14.
PRIVACY POLICY
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This privacy policy sets out how Café Artysans uses and protects any
information that you give when you use this website.
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14.2 Cafe Artysans is committed to ensuring that your privacy is protected.
Should we ask you to provide certain information by which you can be identified
when using this website, then you can be assured that it will only be used in
accordance with this privacy statement.
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14.3 You may request details of personal information which we hold about you
under the Data Protection Act 1998. A small fee will be payable. If you would
like a copy of the information held on you please write to The Cafe Artysans, 7
Strother’s Lane, Inverness IV1 1LR.
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14.4 We do NOT store credit card details nor do we share customer details with
any 3rd parties.
15.
CHANGES TO TERMS AND CONDITIONS
The
Supplier shall be entitled to alter these Terms and Conditions at any time but
this right shall not affect the existing Terms and Conditions accepted by the
Buyer upon making a purchase.