Rose Ash Foods | Terms & Conditions
The following Terms and Conditions apply only to orders placed through ROSEASHFOODS.CO.UK or ROSEASHFOODS.COM websites.
Please read them through carefully before purchase. They do not affect your statutory rights. Use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions from website to the exclusion of any other terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this website.
Rose Ash Foods Limited reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. If we are notified of any inaccuracies or mistakes in the material provided in the site, we will try to correct it as soon as possible. Such changes posted on the website will be deemed as accepted by your continued use of the website and it constitutes your agreement to be bound by the prevailing terms and conditions. You are requested to read these terms and conditions prior to placing an order. Before you place an order, if you have any questions relating to these terms and conditions please contact Customer Service by email or telephone.
Placement of Orders
- Orders can be placed Online via this website or by telephone. The terms and conditions herein apply to the use of this website for information and for online purchasing.
- You place the order for your products by selecting the items and placing them in the shopping cart, then checking out, by creating an account and then proceeding to payment.
- After you have placed an order, you will receive an email detailing the products you have ordered. Please note that this email is an acknowledgement and not acceptance of your order.
- Acceptance of your order and the creation of a legally binding contract between us will occur when we accept payment. Your credit or debit card payment will be authorised by one of our secure 3rd party payment providers (Paypal, Sagepay).
- In case the payment is declined, the order will be cancelled.
- We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will email you or telephone you with the details.
- It is recommended that you retain all emails relating to your order and contract.
Processing your Orders
- Once payment has been authorised, we will send an email confirming the payment and details of your order. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you this email. If you require a paper copy, on request a copy will be send out to you by normal post to arrive within five working days.
- Your order will be shipped to your chosen address with 2 working days of authorised payment by the selected shipping method.
- In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible. A refund will be processed through your chosen credit or debit card used for the payment of the order.
Description of products
- Each Product ordered is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times and warranties. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
- All prices and charges on this website are quoted in UK pounds. The price you pay for your order is that price which is displayed on the website or that which is confirmed in the order confirmation. Prices include VAT but exclude delivery charges unless otherwise indicated. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
Delivery of Goods
- We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. We can only deliver to address stated on the order. In some exceptional cases, additional charges may apply, in which case we will contact you before proceeding with the order. We also provide an option for collection from our Warehouse free of charge.
- We aim to deliver your items within the time quoted on our website when you place your order. Where multiple items have been ordered, we will deliver them all together.
- If circumstances change, we will contact you. Occasionally, we may be waiting for a shipment to arrive or delays may occur beyond our control. In such cases, we cannot accept any liability for consequential loss. We will, of course, make every effort to keep you informed.
- Our Website Home Delivery Service is to your door only, subject to access in the case of flats or suchlike.
- All deliveries must be signed for. If the parcel is returned to us by the carrier, then we will charge for a re-delivery.
- You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
Cooling off Period
- The products we sell on the internet are made to the highest quality and specification. Accordingly, we offer a Returns policy in line with Distant Selling Laws and any other laws that may apply.
- Please note that the right to return Products does NOT apply to any products that have been taken out of their original packaging and used in any way. Returns will only be accepted when the product is unused, and in its original packaging.
- You are entitled to a statutory cooling off period beginning from the date you placed your online order and ending 7 working days after you received the goods.
- You must inform us in writing by email during the cooling off period that you would like to Return the items and are cancelling the contract.
- If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question including the delivery charges in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of the your cancellation being accepted.
- If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction or damage. The goods must be returned to us as soon as possible and in any case, within 7 days of you receiving them. We will refund to you all the monies paid by you for the goods in question, excluding the cost of return/ collection of the goods, as soon as possible and in any event within 30 days of your cancellation being accepted.
- If you have received the goods at the time of cancellation of the contract, the goods must be returned to us as soon as possible, and in any case within 7 days of receiving the goods. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction or damage. We will refund to you all the monies paid by you for the goods in question, excluding any original delivery charge. The refund will be as soon as possible and in any event within 30 days of your order being accepted, only if the goods are returned by you and received by us in the condition that they were in when delivered to you.
- If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
- Returns must be made to:- Rose Ash Foods Ltd, Old Rectory, South Molton, Devon EX36 4BU.
Defective or Damaged Goods
- Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
- If the goods are found to be either damaged or defective in any way at the time of delivery, you must contact us immediately. If damage is discovered after delivery, you must contact us within 3 days of delivery of the goods.
- If the goods are damaged or defective and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged/defective item has been returned to us.
- If the goods are found to be defective and beyond repairs or repair costs are disproportionate we will refund all monies paid by you for the goods in question (including the delivery charges) together with any return delivery charges you may have reasonably incurred if you have undertaken to return the items yourself with prior notice, in the same form of payment originally used for the purchase as soon as possible.
- The amount of any refund under the guarantee shall be limited to the original purchase price paid for the unsatisfactory merchandise. Our guarantee does not extend to non-domestic usage, nor to goods which are taken outside the UK.
Non-acceptance of an order
- We reserve the right not to accept any order. Non-acceptance of an order may be by one of the following;
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the Terms & Conditions
- If we do cancel your contract we will notify you by e-mail or telephone and will refund to you any sum paid by you to us in respect of order as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
- While every effort is made to meet our customers’ demands, cancellations or variations may be necessary as a result of unforeseen circumstances like an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
Customer Service, Complaints & Comments
- If you have a complaint or comment to make please do not hesitate to contact our Customer Service immediately by telephone or email, details how are contained under the “Contact Us” section.
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content made available as part of this website shall remain at all times with us or our licensors. You are permitted to use this material only as expressly authorised by us or licensors. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Data Protection and Privacy
- Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction.
Limitation of liability
- While we will use reasonable efforts to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
- We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
- To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
- We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
- Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
- If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions
- Each provision of the Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
- These Conditions together with our website prices, delivery details and contact details govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- The Terms and Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. English is the only language offered for the conclusion of the contract.
The registered company address is:-
Rose Ash Foods Ltd