TURNHAM GREEN LLP TERMS & CONDITIONS
These Terms apply to all orders which you place using this Website and by placing an order you agree to be bound by them. Please read these Terms carefully before placing your order and print a copy for future reference.
1. Definitions
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“Terms” means these terms and conditions together with the
Privacy Policy and such other policies as we notify you of from time to time.
2. Our Contract
A contract shall be formed between you and us on these Terms in the following steps:
(i) Offer: When you place an order to purchase Products by clicking the “confirm order” button at the end of the online order form on this Website, this is an offer by you to us to purchase those items in accordance with these Terms.
(ii) Acceptance: On placing your order you will receive an automated email from us confirming the details of your order (“Order Confirmation Email”). The Order Confirmation Email will constitute our acceptance of your order on condition that none of the problems listed in bullet points below apply:
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a Product that you ordered is out of stock;
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we were unable to obtain authorisation for your payment;
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it is not possible to meet the Delivery Day that you specified in your order;
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there was a pricing or product description error;
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you are not eligible to order under these Terms and the Licensing Act 2003.
If any of these problems apply to your order and we cannot fulfil your order we will contact you as soon as possible. Please note that if any items within a hamper that you order from our Website are unavailable, we will substitute these for equivalent items that are of equal or greater value.
3. Products
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. We may from time to time vary the dimensions, specifications and quantities of Products without prior notice. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at any particular time may not always reflect the position at the moment you place an order.
Please note that the photographs on this Website are for illustration only and should not be taken as an accurate depiction of the Products that you order.
4. Alcohol
Some of the items available for purchase from this Website contain alcohol. Under the Licensing Act 2003 it is illegal in the UK to sell alcohol to persons under the age of 18. It is also an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18. No persons under 18 years of age may place an order with us if the goods contain alcohol. When you place an order for an alcoholic product using this Website, you warrant that you are aged 18 or over. In accepting these Terms you agree on request to provide Turnham Green LLP with truthful and accurate information and act in accordance with the Licensing Act 2003.
5. Prices
Products are invoiced in GBP sterling at the price prevailing at the time you place your order. We reserve the right to update prices displayed on the Website from time to time. Prices displayed on the Website include Value Added Tax which will be charged at the current rate. Delivery is charged extra. Please refer to our Delivery page for details.
Although we try to ensure that all prices on the Website are accurate, errors may occur. In the case of error you will be given the opportunity to either reconfirm your order at the correct price or cancel it. We apologise if this is the case.
6. Payment
Payment can be made by debit card (Visa Debit (including UK Electron), Maestro and Solo) or credit card (Visa, MasterCard & International Maestro and Non-UK Electron). You may pay for the items which you order only by supplying your credit/debit card details on the secure online order form. We regret that we cannot accept cheques, cash or American Express as payment. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
Please note that we cannot guarantee the security of data that you send us by email. Accordingly, please do not send us payment information using email. For details of the security measures we employ please read our Privacy Policy. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
7. Availability and Substitution
In the event of supply difficulties, we reserve the right to substitute products of a similar nature to those ordered but of equal or greater quality and value.
8. Delivery
Deliveries are made by courier to the UK only. Details of our delivery charges can be found on our Delivery page.
Orders are delivered Monday to Friday excluding public and bank holidays (“Delivery Days”) at any time before 5pm. Unless a later Delivery Day is specified by you on the online order form, your order will be delivered as soon as possible which will usually mean:
An upgraded delivery service (e.g. a before midday or before 9am delivery service) may be provided on request for an additional charge which shall be notified on such request.
You warrant that the Recipient’s address information is accurate, including the postcode and the Recipient’s email address and/or telephone number. We cannot accept responsibility for late or non-delivery if the Recipient’s address is insufficient or incorrect.
You must ensure that the Recipient or someone authorised by the Recipient will be available on the given Delivery Day to accept delivery of an order by signing the relevant delivery note. If the courier is unable to obtain such signature when attempting to deliver on the given Delivery Day, the courier will make one further attempt to deliver at no additional charge. You must then ensure that you or the Recipient contacts the depot and arranges for re-delivery or collection. The courier may make additional charges for any further attempts at delivery and you agree that these additional charges will be your responsibility. You will also be charged for any perishable items which have become unsuitable for sale and need to be replaced by reasons of any such delay in accepting delivery of the same.
Delivery occurs when the items are delivered to the delivery address you specified when placing your order whether or not the same are accepted as above. Upon such delivery, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full.
9. Cancellation of Order
If you wish to change or cancel your order, you can do so up to the point of despatch. To cancel your order, please Contact Us.
10. Returns
We hope you will be pleased with your purchase. Should you wish to return anything bought from us, we will be happy to refund or exchange a product in accordance with this clause 10 of these Terms.
Damaged or Incorrect Items
If, for any reason, any of our products do not reach you in good condition, we will happily replace or refund the items concerned. This does not affect your statutory rights as a consumer.
We ask that the Recipient inspects the Product on delivery and if there are any signs of breakage or damage to the same or any packaging thereto then the Recipient should not accept delivery and should instead send it back with the courier. If, on opening the Product or relevant packaging, the Recipient finds that the same are damaged or do not confirm with the order then please Contact Us within 3 working days (time being of the essence). Damaged or incorrect goods must be returned within a reasonable time to Turnham Green LLP, c/o Westex Limited, Unit 8, Vestry Road, Sevenoaks, Kent TN14 5EL, suitably packaged to protect them from any further damage. Upon receipt we will replace or refund the damaged or incorrect items and will refund any reasonable costs you incur in returning the same to us.
Right to withdraw from the purchase
If you live in the European Union, you have a right by law to withdraw from the purchase of any item within a “cooling off” period of seven working days starting on the day after the day the item is delivered to you (“Cooling-Off Period”). This right applies to all items advertised on the Website except for:
Should you wish to exercise this right to withdraw from your purchase, please return the Product to Turnham Green LLP, c/o Westex Limited, Unit 8, Vestry Road, Sevenoaks, Kent TN14 5EL, suitably packaged. A refund will be made within 30 days of our receipt of the same save for any perishable goods which cannot be resold, sealed items returned with the seal broken and any items that have been consumed or wholly or partially to us.
Returns Packaging
Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent such damage.
11. Privacy and Communication
When you place your order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy.
To fulfil our obligations to you under these Terms we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement that communications be in writing.
12. Losses & Limitation of Liability
We will be responsible for any losses you suffer as a direct result of our breaching these Terms but only if those losses were reasonably foreseeable to both of us when the contract between us was formed and in no event will our liability to you under these Terms exceed the total price charged for the Products purchased.
Furthermore we shall not be liable to you or any third party for any business or consequential loss (including, but without limitation, loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both of us when the contract between us was formed.
We shall not be liable to you by reason of any representation on our website or otherwise (unless fraudulent) or any implied warranty, condition or other term or any duty at common law in relation to all Products supplied hereunder (whether or not caused by the negligence of ourselves, our employees or agents or otherwise).
Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence.
Events beyond our reasonable control
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control.
13. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
14. Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
15. Survival
Each provision of the Terms 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.
16. Entire Agreement
The Terms govern our relationship with you. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
17. Law
The Terms 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.
18. Contact
Turnham Green is a trading name of Turnham Green LLP, registered in England with registered number OC330957. The registered address of Turnham Green LLP is Post Box 303, 315 Chiswick High Road, Chiswick, London W4 4HH.