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Terms & Conditions
Website and Applications Terms and Conditions of Sale Please read these terms and conditions carefully before ordering any Products from the Websites and Apps. By accessing our website and placing an order, you agree to be bound by these terms and conditions. If you have any questions about these terms and conditions, simply drop us an email. If you do not accept these terms and conditions then please and do not place an order.
We may provide links on our websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any products you purchase from third party sellers through via our website, or from companies to whose website we have provided a link, will be of satisfactory quality, and any such warranties are disclaimed by Beaches & Cream absolutely. This disclaimer does not affect your statutory rights against the other third party seller.
Orders via our Website
After placing an online order via the Websites, you will be presented with a screen thanking you for your order and confirming your order has been received and accepted. The contract will be between you and Beaches & Cream and will only be formed when you have been presented with the confirmation screen or have paid for your goods. Where you have placed an order online, you should also receive a confirmation email. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.
All Products are subject to availability when purchased via our Website.
Availability and Delivery
Our goal is to provide the best delivery service possible, unfortunately things do not always go to plan, in most cases we will dispatch your delivery within three working days.
Cancellations, returns and refunds are covered in our Returns Policy, which you will find listed separately on our website.
Price and Payment
The price of any Products will be as quoted on our Website and may vary from time to time, except in cases of obvious error. Prices include VAT. Prices are liable to change at any time, but changes will not affect orders placed that you have already paid for or where you have already checked-out and been presented with the Confirmation Screen in an online order (unless, due to a technical error, you have been overcharged for some reason). Payment for all Products can be by credit or debit card at the point of ordering or by PayPal. We accept payment via Maestro, Visa Delta, Visa and MasterCard. We will charge your credit or debit card at the point of order. Should you choose to pay by credit or debit card via the website, once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to the payment processor (SagePay or PayPal) and is subsequently passed on by the payment processor to Beaches & Cream.
If we fail to comply with these terms and conditions we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to the amount of the purchase price paid by you for the Products you ordered. However, 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 you purchased from our website. We only supply products for domestic, private and business use. You agree not to use any product for any commercial 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 reserve the right to decline a new registration, terminate your right to link to our website, under these terms and conditions. If we consider there to be a risk of liability or loss to us we may take any action deemed necessary to prevent such a liability or loss from occurring. Beaches & Cream may also, in certain circumstances, ask you not to place any further orders.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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 (a "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; or g.) non-performance by suppliers or subcontractors.
Errors and omissions excepted
Due to the fast nature of the food and groceries industry we cannot be held responsible for small inaccuracies and negligible variations in product descriptions and images. This includes images that vary in appearance, shape or colour to the image displayed or any form of description with negligible inaccuracies in descriptions, spellings, serving sizes or weights. Beaches & Cream determine "negligible" to mean: a.) in regards to descriptions: slight typographical mistakes or missing words that would otherwise be assumed. b.) in regards to images: different packaging such as new and updated packaging, different colours, variation in logos, offers and layouts. c.) in regards to weights: up to 10% deviation to the weight listed and the weight provided. This is due to the fact that manufacturers regularly adjust elements of their products including descriptions, ingredients, weights, packaging and serving sizes without the knowledge of independent retailers such as us. Beaches & Cream is not responsible for any inaccurate ingredients or nutritional informations displayed on our website. This information is provided for your convenience and cannot be guaranteed to be accurate. You must always check product packaging before consuming a product, especially when you may be allergic to its contents.
If Beaches & Cream fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if Beaches & Cream fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Beaches & Cream of any default shall not constitute a waiver of any subsequent default. No waiver by Beaches & Cream of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
Beaches & Cream has the right to revise and amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order product(s) from Beaches & Cream unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
Third Party Rights
No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.
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) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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