Terms of Service
This page tells you the terms and conditions on which we supply any of the products listed on our website www.SUPFoods.uk to you. 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.
1) Information about us
SUPFoods.uk is a site operated by Pittingale & Daughter Foods Ltd t/a SUP Foods. We are registered in England and Wales under company number 13962654 and with our registered office at Aviary Way, Crawley Down, West Sussex, RH10 4XR, United Kingdom.
2) How the contract is formed
After placing an order, you will receive an e-mail from us confirming that your order is being processed. We will charge your credit or debit card at the time of checkout. All orders are subject to acceptance by us by sending you an e-mail confirming dispatch (the Dispatch Confirmation), at which stage the contract is formed. If we cannot fulfil your order for any reason, we will let you know as soon as possible and provide a full refund.
We provide links to the websites of other companies. We are not responsible for the products, or the service provided by third party companies (this disclaimer does not affect your statutory rights against that third party).
4) Consumer rights
If you are a consumer, you may request to cancel your order at any time within 14 calendar 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). To cancel an order, you must inform us in writing or by sending an email to email@example.com. You must return the Product(s) to us as soon as possible at the Registered Address above in an unused, undamaged condition. You are responsible for paying the cost of returning the Product(s). Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Except where a Product is defective, you may not cancel an order for the supply of any of the following:
- Products produced or altered to your own specification;
- Perishable goods, including fresh foods or plants;
- DVDs or CDs where you have broken the seal;
5) Availability & Delivery
We only offer delivery to UK Mainland post codes. We aim to dispatch your order within 1 working day of receipt, and it should be with you within 2 to 4 working days of dispatch. UK weekends and Bank holidays are not classed as working days. Because we use a third-party delivery service, these times are estimates and not guarantees. However, please let us know if you do not receive your order in good time and we will look into the matter. Delivery times may be longer for certain products. Where a product is out of stock, we will offer you a refund. All descriptions, product images and weights are those of the original manufacturer and are intended to give a general description of the goods. The weight to be shipped includes the weight of packaging for the goods. Product images are for illustrative purposes only, and whilst representative of the product exact packaging detail may vary from time to time, subject to changes by the manufacturer. Equally, manufacturers occasionally change their recipes or item weight. Again, we strive to keep our pictures up to date, but we do only use them for illustrative purposes. You will always receive the current product available to us at the time of your order, please check the label before consumption.
6) Risk & Title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7) Price & Payment
Prices include VAT but exclude delivery costs, which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order to us. Prices 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. If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. If the pricing error is unmistakeable, we are under no obligation to provide the product to you at the incorrect (lower) price. If we have incorrectly displayed a higher price, we will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card. We will charge your credit or debit card at the time of checkout. All payments shall be made in United Kingdom pounds sterling (GBP). Please note that Pittingale & Daughter Foods Ltd cannot be held responsible for adverse currency fluctuations. The conversion rate is set at the point of authorisation of your credit/debit card. When purchasing chocolate or confectionery in hot weather, this is done at your own risk. Ambient orders including chocolate and confectionery are send via courier or postal services and are not sent in chilled packaging.
8) Promotions & Discounts
Please see our Promotional Terms & Conditions page for more information.
9) Zero tolerance policy
SUP Foods are always on hand to help and ensure you have a smooth shopping experience and it is important that our employees are treated with courtesy and respect. We have a zero tolerance policy towards threatening and abusive behaviour. If our employees experience any of this behaviour, they will issue a verbal warning, if it continues they will terminate the conversation and block all future communications.
10) Our refunds policy
When you return a Product to us:
- because you have cancelled the contract between us within the 14-day cooling-off period (see clause 4 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
- because the Product is defective, we will examine the returned Product and replace it or provide a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. When breakages occur during delivery, we require photographic evidence from you to demonstrate that the product is indeed broken. If we are satisfied that the product has been broken, and that the damage has been caused in transit, we will refund the price of the product in full. We will usually refund any money to the card used to pay for your purchase. When a product is past it's sell by date, we require photographic evidence from you to demonstrate that this is the case. If we are satisfied that we have supplied an out-of-date product we will refund the price of the product in full.
11) Our liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise. This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12) Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. 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 SUPFoods.uk at firstname.lastname@example.org. 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 12 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.
14) Transfer of Rights and Obligations
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. 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.
15) Events outside our control
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). 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
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
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.
If we fail to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and conditions 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.
18) 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.
19) Our right to vary these terms and conditions
We may revise and amend these terms and conditions from time to time. 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 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.
20) Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
22) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.