Sales Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website [www.flour.co.uk] (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You might like to print a copy of these terms and conditions for future reference.
Please click on the checkbox marked "I Accept the terms and conditions" during the checkout process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
We operate the website www.flour.co.uk. We are W & H Marriage & Sons Ltd, a company registered in England and Wales under company number 690479 and with our registered office at Chelmer Mills, Chelmsford, Essex CM1 1PN which is also our main trading address. Our VAT number is GB 102 6620 17.
2. Your status
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts
(b) you are at least 18 years old
3. Ordering
You may place an order following the on screen prompts. Please be advised that we deliver to customers within the UK and Republic of Ireland. Deliveries to Northern Ireland, the Republic of Ireland, the Highlands and Islands of Scotland and British Islands will incur an additional charge.
All orders placed via this website will be subject to acceptance in accordance with these terms and conditions. All orders placed by you are subject to acceptance by us. After placing an order you will receive an order confirmation email with your order reference and details of the products ordered. This email is an acknowledgement and not an acceptance of your order. Your order will not be accepted unless payment has been made in full.
If the items ordered are not in stock, we will contact you by email or telephone and you will have the option to wait until the products are available or cancel the order. If you wish to cancel your order we will refund in full any payment you have made.
Acceptance of your order and the formation of the contract between us will take place when we send you an email confirming that the products ordered are being despatched to you. Title to the products ordered will pass to you on delivery of the goods, provided payment has been received in full and at this point the contract will be deemed to be completed.
We would advise you to print out these terms and conditions and the order acknowledgement for your own records.
Please note that orders placed at weekends and bank holidays will not be processed until the next normal working day.
4. Price
The prices that we will charge for products sold online will be those displayed on the website at the time that your order is received. Unless otherwise stated, prices do not include delivery.
Prices on our websites are displayed in £ sterling and quoted inclusive of VAT where applicable. Delivery charges are quoted exclusive of VAT.
Whilst we try and ensure that the details shown on our website are accurate, it is possible that errors may occur. If we discover an error in the pricing shown we will contact you prior to acceptance of the order to ask whether you wish to continue with the order at the correct price. If we are unable to contact you for any reason to obtain your instructions or you are not happy to continue, the order will be cancelled and you will be given a full refund of all payments made. We will not be obliged to supply goods at the incorrect price unless we have already confirmed acceptance of your order.
5. Delivery
This website is for deliveries within the UK and Republic of Ireland. We use a courier service. We aim to despatch orders within 3 working days. Our normal delivery days are Monday to Friday on a close of work basis which means your order should arrive by 5.30pm on the day indicated. Deliveries outside this time frame may be possible but would attract an additional charge (please refer to the ‘Deliveries’ information on the website).
The delivery costs detailed on our websites www.flour.co.uk and www.marriagefeeds.co.uk apply to our online purchases only. These charges are valid at the time of your order.
Deliveries to Northern Ireland, the Republic of Ireland, the Highlands and Islands of Scotland, and
British Islands will incur an additional charge (please refer to the ‘Deliveries’ information on the website).
We will only arrange delivery to the address supplied in your original order and can not deliver items within the same order to multiple addresses. A signature will be required on delivery to confirm receipt of the goods. Where instructions are left for the courier to leave the parcel if you are not at home without signing for it, you waive your right to compensation if the item is damaged or stolen as it is not possible to guarantee its integrity after delivery.
We do not accept any liability for orders that are not delivered within our estimated delivery times, nor for any damage or loss arising directly or indirectly from delay in delivery or due to non-delivery. Users are requested to notify us within 24 hours of receipt of damaged, faulty or incorrect goods.
Citylink Terms and Conditions: www.city-link.co.uk
6. Online payment terms
Payment will be taken from your card by WorldPay once we receive your order. The payment will be made in accordance with WorldPay’s Terms and Conditions www.worldpay.com
You will receive an email from us confirming your order and an additional email from WorldPay confirming that payment has been made.
7. Cancellation and refund policy
You may cancel your order by email or telephone call, quoting the reference number on your original order confirmation, up to seven working days after the day that you receive the goods. If you do cancel your order at this point you will receive a full refund of any payment made in respect of that order. However you will be required to pay the cost of returning the goods if already dispatched. It will take up to 30 days for a refund to enter your bank account.
We will assist with the return of goods that have been delivered incorrectly or are faulty on a case by case basis.
The Distance Selling Regulations 2000 are designed to protect customers who are not physically present with the seller at the time of purchase. They cover purchases made via email and the internet, together with telephone and mail order. If you have ordered in this way, you have the right to cancel your order and receive a full refund within 30 days.
8. Warranty
We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for the purpose for which products of that kind are commonly supplied.
9. Liability
To the extent not prohibited by law, we accept no liability for any loss that is not reasonably foreseeable or for any business loss, which includes (but is not limited to):
(a) loss of income or revenue;
(b) loss of business;
(c) loss of goodwill;
(d) loss of anticipated savings;
(e) loss or corruption of data databases or software; or
(f) waste of management or office time.
Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987;
(e) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Nothing in this section or elsewhere in our terms and conditions affects your statutory legal rights.
10. Suitability of goods
We aim to provide you with helpful and accurate information and advice on the use of our products. This information and advice is for guidance purposes only and does not form part of the contract for the sale of these goods. It is the buyer’s responsibility to ensure that the product purchased is suitable for their requirements.
11. Amendments
We reserve the right to change these terms and conditions at any time. Any changes made will take effect when posted on to the website and it is your responsibility to read the terms and conditions on each occasion you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
12. Transfer of rights and obligations
Any Contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. 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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. Waiver
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Severability
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
17. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
*Note: www.flour.co.uk and www.marriagesmillers.co.uk are domain names registered to W & H Marriage & Sons Ltd