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Terms and Conditions of Purchase for Consumers

Introduction

These conditions govern all purchases made (whether through website, email, telephone or other means) with The Little Cheese Shop. Please read this carefully as they affect your rights and liabilities under the law. If you do not agree to these terms please do not register for or use the [little cheese shop.com] site. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.

To register with and shop with The Little Cheese Shop you must be 18 years of age or over.

These Terms and Conditions were most recently updated on 8th Februrary 2010 and apply to sales to consumers.

If you are a business then different terms and conditions will apply to you, please call us on 01978 782346 to change your registration. If it seems to us that you are a business then we will change your registration to a business account and our Business Terms and Conditions will apply to your purchases from us. We will advise you by e-mail of any change that we make to your registration.

THESE TERMS DO NOT AFFECT YOUR STATUORY RIGHTS

1.Contract
1.1This web site is operated by The First Milk Cheese Company Limited ("we", "us" or "our"). By using the The Little Cheese Shop website you are bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions. The Terms and Conditions governing any given use or purchase will be those applicable at the date of your order or use. Any changes to these terms will apply to any use or order made after those changes have been published. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date of the most recent update to these Terms and Conditions.
1.2We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the e-mail. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions. The contract will be deemed to be entered into in England.
1.3You must be 18 years old or over and must have completed the registration process in order to participate in our service.
1.4You may place order by telephone. Calls may be recorded.
2.Price
2.1The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button). If you amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted.
2.2The prices stated on the website will be inclusive of any VAT payable.
2.3Each order may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the [delivery confirmation page] before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.4There is a minimum order requirement of 5 (excluding delivery charges) for each order placed.
2.5Promotions are normally offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
3.Payment
3.1Payment can be made by cheque, and those credit or debit cards shown on the [Little cheese shop.com] site. We may pass your debit/credit card details to a third party to process any payments.
3.2All credit/debit card purchases 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 to us, we will not accept your purchase.
4.Amendment of Orders and Cancellation Rights
4.1 Unless otherwise notified to you in the confirmation e-mail, you may amend your order at any time prior to the following cut off times:- 48 hours prior to the scheduled delivery day.
4.2By acceptance of these terms you confirm and acknowledge that cheese for sale on this site is of a perishable nature.
4.3Orders may be cancelled up to 48 hours prior to the scheduled delivery day by notifying The Little Cheese Shop in writing but may not otherwise be cancelled.
4.4 Orders for non-perishable items may be cancelled at any time until the expiry of the 7th working day after the date of delivery of the goods. If you wish to cancel your order you must notify us by telephone or e-mail. If you wish to cancel your order after the cut off period set out above but prior to the time of delivery we shall be entitled to charge you in full for the price of items contained in your order.
5.Delivery
5.1Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the Delivery Address page/ feature on the website.
5.2Deliveries are normally made on the date specified in your order confirmation and will only be dispatched on the receipt of payment by us. Delivery will be as detailed in the web message or e-mail referred to at paragraph 1.2 above. Our normal delivery times are from 8 am to 6 pm. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery period. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be left in a secure location and you will be notified of delivery. As our goods are of a perishable nature we cannot attempt to rearrange the delivery.
5.3 Adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will try to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
5.4If you are not present for your delivery we are entitled to charge you in full for an amount equal to the price of items contained in your order and the cost of delivery.
5.5Products are subject to availability. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. If any goods you order are not available we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute.
5.6 We will always try to supply you with the full quantity that you have ordered. If the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
5.7 We will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
5.8 We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
5.9 All perishable items will be delivered in temperature controlled packaging. Please see our Delivery Details for more information.
6.Defective Products
6.1. You must inspect the goods and notify us promptly in writing, by telephoning us on 01978 782346 or by emailing us at contactus@thelittlecheeseshop.co.uk or by using the contact form on the website to notify us of any dissatisfaction with your order. We will refund the price of any goods that are not of merchantable quality not fit for their purpose or arrange for the delivery of replacement goods, provided that you notify us within 7 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
6.2 Subject to clause 7 below, we will not accept any further claims for loss from or in connection with the supply of substandard goods, whether direct, indirect, consequential or otherwise, howsoever arising.
7.Limitation of Liability
7.1Subject to terms of this paragraph 7, we shall not be liable in any manner or way for any indirect loss including but not limited to loss of profits, loss of business, loss of goods, loss of contract, loss of use, or any special, indirect, consequential or other economic loss, costs, damages, charges or expenses.
7.2 We shall not be liable for any failure or delay in performance of our obligations which result directly or indirectly from any cause or circumstance which is outwith our reasonable control.
7.3 Other than in relation to death or personal injury caused or materially contributed to by our negligence, or any other liability that by law cannot be excluded or restricted, our liability to you is limited to the price payable under the order placed with us.
7.4Nothing in these terms and conditions limits or excludes our liability for death or personal injury resulting from negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation, or any liability that cannot by law be excluded.
7.5Nothing in these terms and conditions shall affect your statutory rights if you are a consumer. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
8.Promotions and Special Offers
8.1Purchases of goods may, in our complete discretion, be subject to promotions from time to time. If a promotion applies to your purchase these Terms and onditions will nevertheless apply. If there is any conflict between the terms of a promotion and these Terms and Conditions, these Terms and Conditions shall prevail unless the terms of the promotion provide otherwise.
8.2We may change the terms of promotions, or withdraw them altogether, at any time and without prior notice.
8.3We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
9.Customer Service
If you have a query or complaint about the website, our goods or our services, please email contactus@thelittlecheeseshop.co.uk or telephone us on 01978 782346. Calls may be recorded.
10.Privacy
10.1We may use your details to inform you of our products including promotions and special offers. All information collected or properly obtained during the booking process will be processed in accordance with our privacy policy which, with our web site use terms, are incorporated into these conditions.
10.2At the time of your registration you will receive a password. Please keep this secret as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
11.Third Party Rights
No person other than you and us shall have any rights in respect of the sale and purchase of goods to which these terms apply.
12.Assignment
This contract is between us and you as principals. You may not assign the contract without our prior written consent. We may assign, subcontract or licence any part of our obligations under the contract.
13.General
13.1These terms and conditions, together with any order form or electronic booking information and any promotion or special offer terms and conditions will form the whole agreement between us.
13.2We may change these conditions from time to time. Any amendments to these terms will be published on our website.
13.3If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
13.4These terms and conditions are governed by the Law of England and Wales and are subject to the non-exclusive jurisdiction of the English and Welsh Courts in respect of any claim, dispute or difference concerning these conditions and any matter arising from them.
The little cheese shop.com and the little cheese shop are trading names of the First Milk Cheese Company Limited, (Company registration Number 05893846 ) and whose Registered Office is at Pickhill Lane, Cross Lanes, Wrexham LL13 0UE .