1. These terms
1.2. We may update these Terms (and the documents referred to in them) and any aspect of the Services from time to time and will notify you of such changes by uploading details of them on the Website. In such circumstances, you will be required to accept the new terms when next signing into your Account.
2. Defined terms
2.1. In these terms, the following expressions will have the following meanings:
“Account” means an account required to access and/or use certain areas of the Website (as detailed in paragraph 4);
“Customer” means a User who makes a purchase on the Website;
“Order” means orders for Products made by a Customer through the Website.
“Products” means any goods and/or services purchased on the Website.
“Services” means the provision and use of the Website for the purchase of Products.
“User” means a user of the Website.
“Vendor” means a User who sells Products on the Website.
“Website” means www.baxterstoreyathome.com
3. Information about us and how to contact us
3.1. www.baxterstoreyathome.com is a website owned and operated by BaxterStorey Limited, a company registered in England and Wales with company number 01962583 and whose registered office is 300 Thames Valley Park Drive, Reading, Berkshire, RG6 1PT (“we/us/our”).
3.2. You can contact us by:
a) Writing to us at the above address; and
b) By emailing us at [email protected].
4. Website and Account
4.1. We provide an online platform to connect our Vendors with Customers.
4.2. At no time will a contract come into existence between us and Customers for the purchase of Products ordered from our Vendors. The legal contract for the supply and purchase of Products is between you and the Vendor that you place an Order with, and we will conclude the sale of Products on behalf of, acting as a commercial agent for, the Vendor.
4.3. All Orders will be fulfilled and delivered to Customers by a Vendor. We cannot give any undertaking that Products you purchase from a Vendor through the Website will be of satisfactory quality and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Vendor.
4.4. Where you order Products through the Website, we may disclose your customer information related to the transaction to the relevant Vendor.
4.5. The Website is directed to Customers and Vendors based in the United Kingdom only.
4.6. You must not allow any other person to use your Account to submit an Order.
5.1. By placing an Order through the Website, you warrant that:
a) you are legally capable of entering into binding contracts with a Vendor; and
b) you are at least 18 years of age.
6. Ordering from BaxterStorey at Home
6.1. The Website is an online platform through which Customers can purchase Products from Vendors. We are not a party to the transaction for the purchase of Products and we act as a commercial agent of the Vendors. You hereby acknowledge and agree that:
a) You are not making a purchase from us for Products and are not entering into a contract with us for the purchase of Products. Your purchase is from the relevant Vendor, and your contract is with that Vendor;
b) We will not be a party to any dispute between you and any Vendor or another Customer. Any claims must be made directly against the party concerned;
c) We are not responsible for any items sold or for the content of any Vendor listing of Products;
d) Vendors will arrange delivery of Orders to you directly, either fulfilling delivery themselves or via a third party;
e) Each Vendor will have different processing timeframes, delivery timeframes, and prices.
7. Placing an Order
7.1. You will place an Order by using the ordering process on our Website. This involves making the selection on the Website and completing the order by clicking the “Place Order” button. This process permits you to check and amend any errors before making an Order and purchase. You must ensure that your Order and any other information you supply to us is correct.
7.2. The Vendor’s acceptance of your Order will take place when we (acting as the commercial agent of the Vendor) send you a confirmation email, at which point a contract will come into existence between you and the Vendor.
7.3. If a Vendor is unable to accept your Order, we will inform you of this by contacting you and will either (i) not charge you for the Product, or (ii) refund you the full amount of the Order (as applicable).
7.4. Our website is solely for the sale of Products by our Vendors in the UK.
8. Purchasing Products from Vendors
8.1. Images of Products within a Vendor’s listings are for illustrative purposes only:
a) There may be slight variations in colour between the image of a product and the actual product sold;
b) Images and/or descriptions of packaging are for illustrative purposes only; the actual packaging of Products may vary;
c) Due to the nature of some food Products there may be some variation in the size, weight or volume to the description.
8.2. Vendors have agreed that, within all Product listings, they will set out:
a) The full price of the Products (including the cost of delivery and any applicable taxes); and
b) Any allergen information.
8.3. You are responsible for checking the ingredients in food Products for any allergens, dietary or other factors that could affect your consumption of the food Product. If you have, or someone you are ordering for, has a concern about food allergies, intolerances or other dietary preferences, you should always contact us before placing an Order.
8.4. You will be given the opportunity to review your Order and amend it before submitting it. Please ensure that you have checked your Order carefully before submitting it.
8.5. For the avoidance of doubt, any Orders processed by us through the Website are processed by us in our capacity as commercial agent of the relevant Vendor and we have no responsibility for fulfilling or delivering an Order.
8.6. You understand that it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy alcohol on behalf of any person who is under the age of 18. If your Order includes any alcohol you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over, or if the Vendor or the Vendor’s drivers/couriers reasonably believe that the alcohol you have ordered has been bought by you on behalf of someone under the age of 18, the Vendor reserves the right not to complete the delivery of the alcohol products to you.
9. Delivery of Products
9.1. All Products ordered through the Website will be delivered directly to you by the relevant Vendor as soon as reasonably possible or in accordance with an agreed delivery date.
9.2. The timeframes for processing and delivering Orders will differ between Vendors and these will be indicated within each Vendor’s advertised listing and/or during the order process.
9.3. All delivery times are estimates only. If a Vendor’s delivery of the Products is delayed by an event outside their control, then we and/or the Vendor will contact you as soon as possible and will take steps to minimise the effect of the delay.
10.1. Payment for Products must always be made at the time of placing your Order (unless otherwise specified on the Website).
10.2. You authorise us and our third-party payment providers to take payment and/or to charge your payment card for the relevant amounts. Your chosen payment method will be charged at the time your Order is submitted. Dispatch of the Products ordered by you is subject to our being able to charge your payment card.
10.3. You must contact us immediately if you dispute any payment.
10.4. It is the responsibility of Vendors to collect and pay taxes on any sales made through our Website.
10.5. If a Vendor is VAT registered, they may be required to charge VAT on the Products that they sell on our Website and this will be clearly stated with the listing of the Products on the Website.
10.6. For further information on VAT and other taxes in your location, please contact your local tax authority.
11. Customer changes and cancellation
11.1. If you wish to cancel your Order, you should contact the Vendor via My Orders > Your Invoice for purchase > Communication as soon as possible. However, there is no commitment that the Vendor will agree to your request if they have already started processing an Order which contains perishable food items that have been sourced by the Vendor for the purposes of your Order and/or where the Order is being made to your specific requirements (i.e: outside of standard customisation options offered by the Vendors to all Customers). To avoid disappointment, please check before ordering whether a Product is cancellable or non- cancellable before ordering.
11.2. If you have any complaint about the services or Products provided you should contact us at [email protected] as soon as possible, but no later than 7 days of the date on which the complaint arose.
11.3. If Vendors do not perform the services or provide Products in accordance with the specifications on the Website, you may have the right to either a refund, a reduction in price or request a repeat Order. Please contact [email protected] as soon as possible if this arises.
11.4. If for any reason a Vendor is required to repeat the Order in accordance with your legal rights, they will not charge you for the same and they will bear any and all costs of repeating the Order. In cases where a price reduction applies, this may be any sum up to the full price paid and may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we or the Vendor agree that you are entitled to the refund) and made via the same payment method originally used by you.
12. Intellectual Property Rights
12.2. Customers must, at all times, respect the intellectual property rights of Vendors and other Users on the Website. Under no circumstances may you use intellectual property belonging to us or another party without our or that party’s express permission.
13. Our liability to you
13.1. We are not a party to any transactions for the sale/purchase of Products or their delivery (for example, we are not responsible for any Orders that are not fulfilled correctly, for the quality of the food or other goods supplied or any other issues relating to the food/service supplied). We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Products or other item(s) purchased from Vendors on our Website.
13.2. We will be responsible for any direct loss or damage that you may suffer as a result of our breach of these terms.
13.3. Subject to paragraph 13.2, to the fullest extent permissible by law, we will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.4. Nothing in these terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
13.5. Nothing in these terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Data protection
15. Law and jurisdiction
15.1. These terms, and any contracts for the purchase of goods and services through the Website shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.