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Please read this carefully. By submitting an order on this web site you are agreeing to the terms that appear below which will apply to any purchase made on this web site.
These Terms and Conditions were most recently updated on 10 March 2008.
1 PURCHASE CONTRACT
1.1
"Essentially" or "Essentially German" or “Essen-tially.com” or "We" or "Us" or "Our" means Essentially Trading limited whose registered office is at 4 Farm Avenue, London NW2 2DY (U.K.). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.2
We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
1.3
You must be 18 years old or over and must have completed the registration process in order to participate in our service.
1.4
Transactions involving alcohol may only be made during normal licensing hours.
1.5
The law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be either ordered by you or delivered by us during normal licensing hours. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order.
2 PRICE AND DELIVERY CHARGES
2.1
The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
Where items are ordered and sold individually by weight (such as certain hams, cheeses or salamis) the price of these items will be the price on the date that they are picked for you. Although we have an indicative weight guide on the website, the price you will be charged is the price for the actual weight you receive.
2.2
All prices quoted are inclusive of any Value Added or other charges (Pfandgebuehr), excise and tax.
2.3
Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week. If you order less than £50 of products we will make a delivery charge of £6.95 per order and for orders of £50 - £100 the delivery charge is reduced to £4.95 (London only). Saturday delivery is £12 regardless the order amount. Any order above £100 that will be delivered in London is free of charge. We will not charge you any additional delivery charge should you live within the London congestion charging zone. For deliveries outside London the fee is subject to a special courier cost which is calculated according to the weight of the delivery. We will call you to confirm the price and to arrange a convenient time for your delivery.
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3 METHODS OF PAYMENT
3.1
Payment may be made by debit, credit card. Payment in cash or by cheque are also available only in the London area.
3.2
The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed. (please note that we do not accept American Express).
3.3
Authority for payment will be requested from your card issuer at the time of your order. This is done by 'reserving' £1 against the card you have used for payment. That £1 is not spent by you until we 'debit' your card with the full price of your order, and the latter happens after we have delivered your shopping to you. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3.4
You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4 DELIVERY
4.1
Delivery will be made to the address specified by you when you register on the website. You have the ability to change this address through the "Details & Settings" feature on the website, and you must do so if you move home so that we can deliver to the correct address or should you need the delivery made to a different address (ex. your office). We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2
We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.3
We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.4
Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery.
4.5
Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.
4.6
All alcoholic beverages must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver, in which case the driver will leave notification of attempted delivery and will telephone to rearrange or will return later that day. In these circumstances, if we have to return to deliver the goods, a further delivery charge may become payable
5 DEFECTIVE GOODS
5.1
We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any dissatisfaction with your order. We will promptly and fully refund the cost of any goods that do not meet with your reasonable satisfaction. We will arrange with you for the goods to be returned to us.
5.2
Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1
At any time up to 4pm on the day before Your order is to be delivered You may change Your mind about purchasing the goods and withdraw or change Your order. There is no charge for doing this.
6.2
In respect of non-perishable items, you have the right to cancel the contract up to 7 working days following the delivery of the goods by notifying us by telephone or e-mail. In the case perishable items you do not have the right to cancel the contract. Should you wish to cancel your order outside the period set out in paragraph 6.1 we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and the cost of delivery.
6.3
We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with their price within a reasonable period of the day on which cancellation was given. (provided payment has already been debited to your payment card).
7 WARRANTY AND LIABILITY
7.1
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, neither will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
7.2
In addition to paragraph 4.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
7.3
Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8 PRIVACY
8.1To help us ensure the best possible service some telephone calls might be recorded.
8.2
We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise.
8.3
In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.
8.4
At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you.
9 CUSTOMER COMPLAINTS
9.1
Any Customer complaints should be addressed to the Essentially German Customer Service Helpline, the e-mail address and telephone numbers of which are listed on our website in "Contact Us".
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
10.1
From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.
10.2
We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
10.3
We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
10.4
All vouchers have validity of 1 year since they have been issued. Vouchers cannot be used in conjunction with any other money offer; vouchers are non-transferable and/or cannot be sold to any third party.
Vouchers can only be used if applied to a minimum order value of £40. Vouchers cannot be applied to past orders made with Essen-tially.com and cannot be backdated or redeemed for cash and only apply to goods purchased on the Essen-tially.com website. This does not affect your statutory rights.
11 GENERAL
11.1
This contract is subject to English law and the exclusive jurisdiction of the English courts.
Essen-tially.com, 4 Farm Avenue- London NW2 2 DY (U.K.)
VAT (GB) 931053164 - Registered in England n. 6528377
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