Terms & Conditions

Terms and Conditions

for Foie Royale branded Products from Sapphire Foods Ltd

This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the Products (The Products) listed on our website www.foieroyale.com (our site). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Please tick the check carton on the website to accept these terms and conditions. Please understand that 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.foieroyale.com. We are Sapphire Foods Ltd, a company registered in the UK.

 

  1. SERVICE AVAILABILITY

2.1
Our site is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland (The Serviced Countries). We do not accept orders from individuals outside those countries.

 

  1. YOUR STATUS

By placing an order through our site, you warrant that:

3.1
you are legally capable of entering into binding contracts; and

3.2
you are at least 18 years old;

3.3
you are resident in one of the Serviced Countries; and

3.4
you are accessing our site from that country.

 

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1
After placing an order on our web site, by email or over the phone, 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 Products. 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 order has been accepted (Sales Confirmation). The contract between us (Contract) will only be formed when we send you the Sales Confirmation.

4.2
The Contract will relate only to those Products whose dispatch we have confirmed in the Sales 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 Sales Confirmation.

 

  1. CONSUMER RIGHTS

5.1 Exemption
Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, cartons containing chilled Products are exempt from the right to withdraw however we grant the right to cancel a contract at any time before the shipment date.

 

  1. AVAILABILITY AND DELIVERY

6.1
Your order will be fulfilled by the delivery date set out in the Sales Confirmation.

6.2

Any delivery windows stated by us are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your carton at any point on the day of delivery set out in the dispatch confirmation.

6.3
Delivery will be completed when we, or our authorised delivery company, deliver the Products to the address you gave us.

6.4
You will receive a message from the courier company with a time slot. In the event that no-one is available to receive the delivery then please ensure you respond to the message with alternate delivery instructions.

 

 

  1. RISK AND TITLE

7.1
Once the delivery is completed, according to the preceding paragraph the risk of any damage or loss of the carton will be with you. We shall not be held liable for any damage, defect or loss which may occur thereafter.

7.2

Refusal of the carton does not negate the delivery charge, we will not be liable for any losses sustained by you relating to a refusal of delivery by our authorised courier company.

7.3
Notwithstanding delivery of the goods, the legal title in the goods delivered under the contract shall remain with us until the contract price is paid in full. If the price for the Goods is not paid in full by the due date, we shall at our absolute discretion be at liberty to recover the Goods. If we so require you shall keep the Goods separate and identifiable for this purpose.

 

  1. PRICE AND PAYMENT

8.1
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.

8.2
Product prices exclude VAT.

8.3
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.

8.4
Payment for all Products and Services must either be by credit/debit card (Visa and Mastercard only) or by Direct Debit on a confirmed account.

 

  1. OUR REFUNDS POLICY

9.1
If you are unhappy with your carton for a legitimate reason such as: the carton was missing Products, the carton was damaged, the carton did not arrive, we will offer an appropriate refund if it can be shown that the Products you were charged for was not provided as it should have been.

 

  1. WARRANTY

We warrant to you that any Product purchased from us through our site will, on initial delivery, conform with its description, and be of satisfactory quality.

 

  1. OUR LIABILITY

11.1
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.

11.2
Nothing in this agreement excludes or limits our liability for:

11.2.1
Death or personal injury caused by our negligence;

11.2.2
Fraud or fraudulent misrepresentation;

11.2.3
Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

11.2.4
Defective Products under the Consumer Protection Act 1987; or

11.2.5
Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

  1. WRITTEN COMMUNICATIONS

Applicable laws require 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.

 

  1. NOTICES

All notices given by you to us must be given to Sapphire Foods Ltd at the email address enquiries@foieroyale.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 below. 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.

 

  1. INTELLECTUAL PROPERTY RIGHTS

14.1
We are the owner or the licensee of all intellectual property rights in our site and Products, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

14.2
You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

14.3
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By entering into a contract with us, you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

 

  1. EVENTS OUTSIDE OUR CONTROL

15.1
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).

15.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1
Strikes, lock-outs or other industrial action;

15.2.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

15.2.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.2.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.2.5
Impossibility of the use of public or private telecommunications networks; and

15.2.6
The acts, decrees, legislation, regulations or restrictions of any government.

15.3
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.

 

  1. WAIVER

16.1
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.

16.2
A waiver by us of any default will not constitute a waiver of any subsequent default.

16.3
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 14 above.

 

  1. SEVERABILITY

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.

 

  1. ENTIRE AGREEMENT

18.1
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

18.2
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

18.3
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

18.4
Nothing in this clause limits or excludes any liability for fraud

 

  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

19.2
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 seven working days of receipt by you of the Products).

  1. 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.