Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the products (Products) listed on our website www.mrhughs.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. By ordering Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please check the box marked “I Accept” on the checkout page if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 We operate the website www.mrhughs.co.uk. We are Larchwood Foods Limited trading as Mr Hugh’s, a company registered in England and Wales under company number 07228298. Our registered office and main trading address is at Hall Farm, Swaffham Road, Fincham, King’s Lynn, Norfolk, PE33 9DQ. Our VAT number is 100187465.
2. Delivery Addresses
If you wish to place an order for Goods to be despatched to addresses in the United Kingdom, Channel Islands and Isle of Man (British Isles) then please place an order through our site. If you wish to order goods to be despatched to addresses outside of the British Isles then please email or telephone us to discuss your order.
3. Your Status
By placing an order through our site, you warrant that:
a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old; and
c) the Goods are to be despatched to an address within the British Isles.
4. How the Contract Is Formed Between You and Us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Buying Products on our Site
5.1 We are entitled to refuse any order placed by you. We may also refuse orders in other circumstances without being required to give any reason to you.
5.2 You undertake that all details you provide to us for the purpose of purchasing Products are correct and, that the credit or debit card which you use is your own.
6. Consumer Rights
6.1 You may cancel a Contract at any time within fourteen (14) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession and if you wish to return the Products you must not open them and must return them in the packaging in which they were delivered. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
7. Availability and Delivery
7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of order, unless there are exceptional circumstances.
7.2 If the Product you ordered is unavailable for delivery within thirty (30) days of the date of order, we will notify you by email and offer you a refund.
7.3 Any times or dates stated on our website for delivery on the shipping and returns page are estimates only. We will dispatch the Products within 3 working days of the date on which payment for your order is processed and if we are not able to do this we will contact you. Timescales for delivery will depend upon the delivery option selected by you. We will make all reasonable effort to deliver Products within the times specified, but we do not accept liability for any failure to deliver within that time. Once your order has been received you must check your Products for accuracy, and notify us of any discrepancies or damage within 5 working days.
8. Non-delivery of Products
8.1 If your order is not received within 3 working days of the estimated delivery date as stated in the Dispatch Confirmation then you should notify us by telephone or email with your order number. We will note that the order has not been delivered and resend the Product to you.
9. Price and Payment
9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 The prices for all Products are exclusive of the cost of delivery by carrier. All prices are inclusive of VAT (where chargeable).
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
9.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
10. Our Refunds Policy
10.1 If you return a Product to us:
a) because you have cancelled the Contract between us within the fourteen(14)-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
b) for any other reason (for instance, because you consider that the Product is damaged or faulty), we will either ask you to return the Product to us for examination or to supply us with a photograph of the damaged Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.1 We promise that for any Product you purchase from our site:
a) we have the right to sell the Product to you;
b) the Product will correspond with the description we have given to you;
c) the Product will be of satisfactory quality; and
d) the Product will be fit for its purpose, if you have notified us in writing of the purpose for which you require the Product prior to placing the order.
11.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our site or any information or service provided through our site.
11.3 Subject to clause 11.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 11.4, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.4 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
a) loss of income or revenue;
b) loss of business;
c) loss of profits;
d) loss of anticipated savings;
e) loss of data; or
f) waste of management or office time.
However, this clause 11.4 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.4.
11.5 Nothing in this agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
d) defective products under the Consumer Protection Act 1987;
f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.1 We will try to make our site available but cannot guarantee that our site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
12.2 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis.
12.3 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Larchwood Foods, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Larchwood Foods or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website except where expressly invited to do so by us.
14. Written Communications
Consumer protection legislation requires that some of the information or communications we send to you should be in writing. When using our site, 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.
All notices given by you to us must be given to Larchwood Foods Limited trading as Mr Hugh’s at Hall Farm, Swaffham Road, Fincham, King’s Lynn, Norfolk, PE33 9DQ or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of Rights and Obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our Control
17.1 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 (Force Majeure Event).
17.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
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.
20. Entire Agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our Right to Vary these Terms and Conditions
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen (14) working days of receipt by you of the Products).
22. 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) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.