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Click and Collect E-Commerce Terms & Conditions
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
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;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.5 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.6 “Supplier” means McKenzie Butchers.
1.7 “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;
1.8 “Website” means mckenziebutchers.co.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 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.
2.3 Acceptance of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 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.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
3.1 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.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
4. PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website.
4.2 The total purchase price and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details.
4.4 Payment of the price must be made at the point of ordering.
4.5 In terms of products ordered in advance payment of the price must be made at the point of ordering although orders will not be ready to collect until the agreed specified date.
4.6 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 of Goods until payment has been received.
5. PERFORMANCE OF SERVICES
5.1 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6. RIGHTS OF SUPPLIER
6.1 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.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier reserves the right to withdraw or suspend any promotion or offer code at any time.
6.4 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.
7. CLICK AND COLLECT
7.1 If you chose to click and collect your order from us, the time slot and store for collection will be agreed with you when you place your order. Free Click and Collect service. Order by 3pm and your order will be ready in the shop for collection by 3pm the next day. This service is available Wednesday to Saturday.Where a specific collection date has been agreed, and where this collection date cannot be met, the Buyer will be notified and given the opportunity to agree to a new collection date or receive a full refund.
7.2 The Supplier shall use its reasonable endeavours to meet any date agreed for collection. In any event, time of collection 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 collection date.
7.3 Collection of the Goods shall be at the Sellers’s address specified in the order and the Buyer shall make all arrangements necessary to collect the Goods whenever they are tendered for collection.
7.4 Risk in the Goods shall pass to the Buyer upon collection of the Goods, or where the Buyer fails to collect at the agreed time.
7.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7.6 The buyer will be unable to collect your order earlier than the agreed time slot unless you have contacted us and we have agreed this.
7.7 The Supplier will make every effort to have the Buyers order ready for collection at the agreed time, please note the Supplier will not be liable if they fail to do so in part or in full due to circumstances beyond our control.
7.8 For the Buyer to collect their order please bring one of the following:
7.9 If the Buyer does not collect the order at the agreed time and not spoken with us about any changes of collection, the order will be kept in our freezers and the Buyer will then have 7 days to make a collection.
8. CANCELLATION AND RETURN
8.1 As our products are supplied fresh and prepared to order, we regret that once an order is placed it is not possible to cancel it, and refunds will be at the discretion of the management.In the unlikely event of a product being unsatisfactory, please contact us immediately – please do not return goods without first contacting us.
8.2 Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund if the Goods are in fact defective and/or need to be returned.
8.3 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
9. LIMITATION OF LIABILITY
9.1 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.
9.2 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.
10.1 No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. FORCE MAJEURE
11.1 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.
12.1 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.
13. CHANGES TO TERMS AND CONDITIONS
13.1 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.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales, and the parties hereby submit to the exclusive jurisdiction of the English courts.
15. DISCOUNT VOUCHER CODES
15.1 We operate a range of Discount Voucher Codes, the majority of which have have their own terms associated to them. These terms will be explained at the time the code is issued, and if the code is issued physically, i.e. posted/delivered, then the terms will be explained in writing. If your code does not work please contact customer services immediately and they will explain the terms associated to your code.
16. SUBSTITUTION OF PRODUCTS
Under extreme circumstances we reserve the right to substitute certain products which may form part of a product or offer pack.