Terms of sale
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND MAKE SURE YOU UNDERSTAND THEM
Last Revised 03/12/2018
Welcome to www.discover.taylorsofharrogate.co.uk (the “Website”). These are our website terms and conditions of sale (“Terms of Sale”), which give you important information about the legal terms and conditions on which we sell certain goods on our Website (“Products”) to you.
1. Information about us
We operate the Website. We are Taylors of Harrogate, registered in England and Wales as Bettys & Taylors of Harrogate Ltd under company number 00543821 and our registered office is at 1 Parliament Street, Harrogate, HG1 2QU, England. Our main trading address is at Pagoda House, Plumpton Park, Harrogate, HG7 7LD, England. Our VAT number is 405696146.
2. About these Terms of Sale
These Terms of Sale (together with our Privacy & Cookies Policy regarding personal information provided by you, and Terms and Conditions of Use of our Website) will apply to any contract between us for the sale of Products to you (the “Contract”).
By using this Website and/or placing an order you agree to be bound by these Terms of Sale. Please read these Terms of Sale carefully and make sure that you understand them before ordering any Products from our Website. You will be asked to read and agree to these Terms of Sale before you click on the “CHECKOUT” button to place an order for Products from our Website (as referred to in step 6 of paragraph 4) of these Terms of Sale). When you click on the “CHECKOUT” button you are signifying your agreement to these Terms of Sale. If you do not agree with these Terms of Sale, you must not click on the “CHECKOUT” button.
Before placing an order for Products, if you have any queries relating to these Terms of Sale, please email our customer service team at email@example.com or call them on 0800 328 1886 (calls charged at local rate).
We may change these Terms of Sale from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer. Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order Products, please check these Terms of Sale to ensure you understand the terms which will apply at that time.
These Terms of Sale, and any Contract between us, is only in the English language.
In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING OUR LIABILITY TO YOU (PARAGRAPH 11), THE LEGAL RIGHT TO CANCEL AN ORDER (PARAGRAPH 7) AND THE CIRCUMSTANCES WHERE THE LEGAL RIGHT TO CANCEL DOES NOT APPLY (PARAGRAPH 8).
3. Product information
We have made every effort to describe and display as accurately as possible, the taste characteristics and colours of Products that appear on the Website. However, please be aware that your actual experience of the taste of a Product will be subject to your individual interpretation of the characteristics of that blend and that the Product colours may vary slightly from the images on the Website.
Prices, offers and Products are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation.
THE PLACING OF A PRODUCT ON OUR WEBSITE IS AN INVITATION TO ACCEPT OFFERS FOR PRODUCTS, IT IS NOT AN OFFER TO SELL AT THE LISTED PRICE NOR IS IT BINDING ON US. YOUR OFFER IS ONLY ACCEPTED WHEN YOU RECEIVE A DISPATCH CONFIRMATION FROM US.
4. How to place an order
Ordering from our Website couldn't be easier! Just follow these simple steps:
1. Find the Product you would like to purchase by clicking on either the “Tea & Coffee” link or the “Collections” link on the home page and view the Product images, prices and brief descriptions.
2. To take a closer look at a Product and get more information about it just click on the Product image.
3. When you’re ready to buy you have two options: from the brief Product description, you can simply hover your mouse over the Product name and click on the “Add to Basket” link underneath the price or from the detailed Product description you can set the quantity to the desired quantity and click on “Add to Basket”.
4. You can continue browsing to add more items to your shopping basket. To check what is in your shopping basket at any time, click on the shopping basket icon (in the top right hand corner).
5. When you are ready to check out: click on the shopping basket icon. You can now review the contents of your basket and make any adjustments to quantities or remove Products that you no longer want to buy (by clicking on the “Remove” link underneath the Product name), and then clicking on the “shopping” link.
6. To proceed to place your order and make payment, you first need to tick a box confirming your agreement with these Terms of Sale. By ticking this box, you are confirming that you are in agreement with these Terms of Sale and they will form part of our contract with you for the sale of any Product(s). Once you have done so, you can proceed to place your order and make payment by clicking on the “CHECKOUT” button. Note: You won’t be able to start the checkout process unless you have indicated your agreement with these Terms of Sale by ticking the relevant box.
7. You will now be given a summary of the Products you are ordering and have the opportunity to review and edit your contact information, as well as the delivery address, by clicking on the relevant “Edit” link. When you are satisfied that all of this information is correct click on the “CONTINUE TO SHIPPING METHOD” button to choose your method of delivery.
8. You will now have the opportunity to review your delivery details and, where there are alternative delivery methods, amend your chosen delivery method. (Further details of anticipated delivery times can be found on our FAQ page, which is accessible via the link on the Website). We also ask you for your email address or mobile phone number at this stage, which we need so that we can keep you updated on the progress of your order. When you are happy that all details completed in this section are correct, click on the “Continue to payment method” button.
9. Complete the “Payment Method” section by entering the long number shown on your payment card, the cardholder name (as it appears on the card), the date of expiry and the verification number (last 3 digits on the reverse of the card).
10. Give us details of your billing address by either ticking “Same as shipping address”, or by ticking “Use a different billing address” and entering details of your billing address.
12. You don’t have to be registered with us to shop, but if you do, you'll find that it makes shopping with us easier and faster. To register your account, simply click on the “Create account” link on the footer our web pages. All your details will be saved securely in the “Account” section for you to amend at any time. You can access your account at any time by clicking on the “Log in” link, which is also on the footer of our web pages. All personal data submitted by you in “Account” will be subject to our Privacy & Cookies Policy.
13. If you are happy that all of your payment details are correct, click on the “REVIEW ORDER” button. You now have a final chance to review what you have ordered. Check your order carefully and if your order is incorrect make any necessary amendments to your order by clicking the “Edit” link adjacent to the element that you need to change. Once you have made any necessary amendments, and you are happy that your order is correct, click on “Place and Order and pay”. When you press the “Place Order and Pay” button you are signifying your agreement with these Terms of Sale. If you do not agree with these Terms of Sale, you must not press the “Place Order and Pay” button.
14. After clicking on the “Place Order and Pay” button, you will be provided with a summary of your order and an order number. We recommend that you make a note of your order number and check that your order is correct. If it isn’t correct, please email us at firstname.lastname@example.org or call us on 0800 328 1886 (calls charged at local rate).
15. We will also send you an order confirmation email (“Order Confirmation”) to confirm that we are processing your order.
16. We will send you another email when your order has been dispatched which will state the delivery method you have selected along with a tracking number (“Dispatch Confirmation”). Once you have received your Dispatch Confirmation, we will not be able to make any changes to the delivery address provided.
17. Acceptance of an order placed by you online and the completion of the Contract between you and us will take place when you receive the Dispatch Confirmation email from us.
18. If for any reason we cannot provide you with an item on your order, you will be contacted by email and a refund will be issued for the item(s) that are missing.
19. If a Product you have ordered is listed at an incorrect price due to an error on our part, we will notify you of the error prior to issuing you with a Dispatch Confirmation and either refund you for any overcharged amount so that you pay only the correct price of the Product (and the delivery charge if the order only contained that item) or if we have undercharged you we will seek the outstanding balance. We will not dispatch the Product to you until the correction has been made.
We currently deliver free to all UK addresses via Royal Mail’s 48hr Tracked service – including Northern Ireland, Jersey, Guernsey, Isle of Man and BFPO (British Forces Post Office) addresses.
If you order tea only, your order will be dispatched the following day at the latest and delivered within 48 hours of dispatch.
Coffee orders and mixed orders (containing coffee and tea) will be dispatched within 24 hours of our roast day (Tuesday) and delivered within 48 hours of dispatch.
Coffee orders placed before 9am on Tuesday will be delivered the same week.
For information relevant to the delivery of your order, please refer to Schedule 1 of these Terms of Sale.
Your order will be fulfilled within the estimated delivery period set out in Schedule 1, unless there is an Event Outside of our Control (as defined in paragraph 12). If we are unable to meet the estimated delivery deadline because of an Event Outside of our Control, we will contact you.
In circumstances where the Products you have purchased are not delivered within the estimated delivery period confirmed in your Dispatch Confirmation, you will be entitled to treat this Contract as having come to an end. In such instances, please contact us as you may return the Product(s) which have been delivered late and receive a full refund, including any agreed return costs which you may incur.
If you have any other queries about your delivery, please email us at email@example.com
The price of the Product(s) are as set out on the Website. Your order summary will confirm the price payable by you for the selected Product(s).
We accept MasterCard, AMEX, Visa Credit and Visa Debit.
Your card will be charged when you place your order.
ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL YOU RECEIVE OUR DISPATCH CONFIRMATION EMAIL (AS REFERRED TO IN STEP 17 OF PARAGRAPH 4 ABOVE) AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.
Credit card validation
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the checkout stage and there is nothing we can do to override this.
In processing your order, we may use your information for the purposes of the prevention and detection of fraud and we may disclose your address and postcode details as part of our fraud prevention checks. At all times where we disclose your information it will remain secure.
7. Your legal right to cancel without reason
Except as set out in paragraph 8 below (which you should read before placing an order for Products), you have a legal right to cancel your Contract with us within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which the purchased Products come into your physical possession, or a third party other than the carrier and indicated by you acquires physical possession of the purchased Products.
If you have ordered Products consisting of multiple lots or separate items which, as a result, are delivered on different days, the cancellation period will end 14 days after the day on which the last of the lots or items come into your physical possession, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right to cancel, you must inform us of your decision to cancel this Contract by making a clear statement (e.g. letter, email or on the telephone) to us that you wish to cancel your Contract, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
You may use the model cancellation form attached at Schedule 2 to exercise your right to cancel, but it is not obligatory. Order cancellations can be made to us by email to firstname.lastname@example.org or by post to Taylors of Harrogate Customer Service, Pagoda House, Plumpton Park, Harrogate, North Yorkshire HG2 7LD or by calling us on 0800 328 1886 (calls charged at local rate) between 9.00 am and 5.00 pm Monday to Friday (excluding public holidays). If you are emailing us or writing to us please quote your order number in order to help us identify your order.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You must return the purchased Products to us at Taylors of Harrogate Customer Service, Pagoda House, Plumpton Park, Harrogate North Yorkshire HG2 7LD without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of the Contract to us. The deadline is met if you send back the purchased Products to us before the period of 14 days has expired.
You will have to bear the direct cost of returning the Products to us. We suggest that you obtain proof of postage in relation to any such returns.
Please follow our returns procedure set out in Schedule 3 when returning Products in relation to which you are exercising your legal right to cancel under this paragraph 7. If we do not receive the Products back from you, we may arrange to collect them from you at your cost.
Effects of cancellation
If you cancel this Contract, any money you have paid, including the costs of delivery (with the exception of any non-standard delivery charges), will be reimbursed to you.
We may make a deduction from the reimbursement for loss in value of any purchased Products supplied, if the loss is the result of unnecessary handling by you.
You are only liable for any diminished value of the purchased Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the purchased Products you have received.
We will make the reimbursement without undue delay, and not later than:
• 14 days after the day we receive back from you any purchased Products supplied; or
• (if earlier) 14 days after the day you provide evidence that you have returned the purchased Products; or
• if there were no purchased Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, and in any event, you will not incur any fees as a result of the reimbursement.
You must send back the purchased Products to us following the process set out in Schedule 3 without undue delay and in any event not later than 14 days from the day on which you communicated your cancellation of this Contract to us. The deadline is met if you send back the purchased Products to us before the period of 14 days has expired.
If we do not receive the order back, we will not be able to refund or replace your order as you specified. We suggest that you obtain proof of postage in relation to any such returns. Please follow our returns procedure set out in Schedule 3 when returning Products you are returning when exercising your right to cancel under this paragraph.
Details of your legal right to cancel and an explanation of how to exercise it will also be provided in the Dispatch Confirmation.
8. Circumstances excluding your legal right to cancel without reason
Notwithstanding paragraph 7 of these Terms of Sale, your legal right to cancel your Contract with us within 14 days of receiving the Product(s) does not apply in the case of any Product ordered by you that is:
• sealed for health protection or hygiene purposes, once it has been unsealed after you receive it; or
• has an expiry date of up to 30 days after the date of dispatch.
PLEASE NOTE THAT ALL OF THE COFFEE PRODUCTS THAT ARE CURRENTLY FOR SALE ON OUR WEBSITE HAVE AN EXPIRY DATE OF UP TO 30 DAYS AFTER THE DATE OF DISPATCH AND CONSEQUENTLY THE RIGHT TO CANCEL DESCRIBED IN PARAGRAPH 7 ABOVE DOES NOT APPLY TO THEM.
9. Faulty or mis-described Products
In addition to your legal right to cancel without reason as set out in paragraph 7 above, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us.
If we have made a mistake, or you receive Products that are faulty, damaged or unfit for purpose, please return them to us by post following the returns procedure set out in Schedule 3.
Upon receipt, the Products will be examined by Taylors to determine any fault. If the Product is found to be incorrect, defective or damaged, we will refund the price of the Product and the delivery charges you have paid to receive that Product unless the faulty or mis-described Product was sent to you with other items which you are not returning.
Refunds will be made in accordance with either paragraph 7 or paragraph 9 above, depending on the reason why you are returning the Product(s).
All refunds will be made using the original payment method. Please note that it can take between 5 and 7 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.
11. Our liability to you
If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• any breach of the terms implied under implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
• defective Products under the Consumer Protection Act 1987; and
• any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015.
As a consumer, you will always have legal rights (including statutory remedies) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies) in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.
Advice about your legal rights (including statutory remedies) are available from your local Citizens' Advice Bureau or Trading Standards office or on the Citizen’s Advice website: www.citizensadvice.org.uK.
12. Events Outside Our Control
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 an Event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
• we will contact you as soon as reasonably possible to notify you; and
• our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13. Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms of Sale are governed by the laws of England and Wales. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.
14. Complaints Procedure
If we fail to meet our high standards of customer service, please do not hesitate to contact us. Please call us on call us 0800 328 1886 (calls charged at local rate) between 9.00 am and 5.00 pm Monday to Friday (excluding public holidays) or put your complaint in writing and send it to us by post to Taylors Customer Service, Pagoda House, Plumpton Park, Harrogate North Yorkshire HG2 7LD or by email to email@example.com.
We aim to provide an initial response to a complaint by email within 24 hours from receipt, or the next working day (excluding public holidays).
It is important to us that your Products reach you as fast as possible.
We deliver to all UK addresses via Royal Mail’s 48hr Tracked service – including Northern Ireland, Jersey, Guernsey, Isle of Man and BFPO (British Forces Post Office) addresses.
Delivery is free of charge.
If Royal Mail is unable to deliver for any reason, they will leave a “Sorry you were out” card to explain why they were unable to deliver and how to arrange redelivery or collection.
If you have any problems tracking your delivery or any other problems with your order, please email us firstname.lastname@example.org with your order number and your full name. One of our Customer Service team will aim to get back to you within 24 hours (excluding public holidays).
Alternatively, you can call us on 0800 328 1886 (calls charged at local rate) between 9.00 am and 5.00 pm Monday to Friday (excluding public holidays).
Tracking your order
Please click on the link within your Order or Dispatch Confirmation and you will be taken to the Courier’s site so you can see where your order is in their system.
When we dispatch your order, we’ll send you a Dispatch Confirmation email. Should the Dispatch Confirmation email not reflect what you want please contact us as soon as possible by calling us on 0800 328 1886 (calls charged at local rate) between 9.00 am and 5.00 pm Monday to Friday (excluding public holidays), or by email to email@example.com with your order number and your full name.
The Dispatch Confirmation email will contain a unique number to track your parcel. You can either click the link in your Dispatch Confirmation email or follow the steps below to track your parcel.
If you are not in when our couriers try to deliver, they will leave a card and take the parcel to your local delivery office. Please follow the instructions on the card left by the courier.
IF OUR COURIERS DELIVER YOUR PRODUCT(S) IN ACCORDANCE WITH YOUR INSTRUCTIONS (WHETHER TO A ‘SAFE’ PLACE, OR TO A NEIGHBOUR, OR OTHERWISE), NEITHER WE NOR THEY WILL BE LIABLE FOR ANY LOSS OR THEFT OF, OR DAMAGE TO, THE ITEM FOLLOWING SUCH DELIVERY AND ANY SUCH INSTRUCTIONS ARE GIVEN ENTIRELY AT YOUR OWN RISK.
International Deliveries: Unfortunately, we are unable to offer international orders at this time.
Model Cancellation Form
Please complete the information required in this order cancellation form and send it to us by email at firstname.lastname@example.org or by post to Taylors of Harrogate Customer Services, Pagoda House, Plumpton Park, Harrogate North Yorkshire HG2 7LD
TAYLORS OF HARROGATE MODEL CANCELLATION FORM
To: Taylors of Harrogate Customer Services, Pagoda House, Plumpton Park, Harrogate North Yorkshire HG2 7LD or by email: email@example.com
I [customer name] hereby give notice that I [customer name] cancel my order of sale of the following goods:
Ordered on: ____________________________________
Received on: ___________________________________
Order reference number: ________________________
Name of customer:
Address of customer:
Returning an item(s) to us couldn’t be easier! Simply fill out the returns information in the form below and send it back to us by email to firstname.lastname@example.org or by post to Taylors of Harrogate Customer Services, Pagoda House, Plumpton Park, Harrogate North Yorkshire HG2 7LD together with the items(s) you are returning.
Please ensure your item(s) are securely packed and include your delivery note or a hard copy of your Order or Dispatch Confirmation email. You will be responsible for taking care of the Products until they are returned to us. Should you have any issues, please contact us via email on the email address above at or call us on 0800 328 1886 (calls charged at local rate) between 8.00am and 10.00 pm Monday to Sunday and we will be happy to help.
I [customer name] am returning the enclosed item(s) as stated in my email, letter or phone call for the reason of:
Ordered on: ____________________________________
Received on: ___________________________________
Order reference number: _________________________
Name of customer: ______________________________
Address of customer: ____________________________