These online shopping terms and conditions apply to all orders for products which you place with us using the Website and apply in addition to the Conditions of Use (See Baxters homepage).
You accept and agree to be bound by these Terms and Conditions when you click the “accept” button on the checkout page.
We reserve the right to change the contents of this Website, including these Terms and Conditions, at any time by posting such changes on the Website. The legal agreement between us will be governed by the Terms and Conditions in force at the time you place your order and click the “accept” button.
Nothing in these Terms and Conditions affects your statutory rights either as a consumer or otherwise.
If you do not confirm your acceptance of these Terms and Conditions, you will not be able to place any orders.
When you place an order to purchase a product using the Website, those orders will be subject to these Terms and Conditions. The Company is under no obligation to accept your order and all orders will be subject to availability at that time.
We acknowledge receipt of orders by sending you an email summarising the details of your order. This does not constitute our acceptance of your order.
Once we have confirmed availability and processed payment for the products you have ordered, we will send you an email to confirm that your order has been accepted “Confirmation Email”. The contract between us is formed at the point we send you the Confirmation Email for the products detailed in the Confirmation Email.
If there are any problems with your order, you will be contacted by a member of the Consumer Care Team.
Price and Payment
The price for the products that you order will be the price quoted on the Website at the date the order is received, except in the case of obvious error.
The price of the products includes VAT.
All displayed prices for our products with the exception of ‘Special Packs’ do not include postage and delivery fees.
Payments must be made by credit or debit card (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the products you order. We regret that we cannot accept payment by cheques or cash for online purchases.
You may be subject to validation checks and/or third party authorisations.
You are personally liable for any orders that you place and charges that you incur.
As a user of the online shopping facility on this Website, you may need to set up and maintain an account on the Website. You are solely responsible for keeping your passwords confidential and secure at all times. You should notify us immediately if you become aware of any unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this Website “Registration Data”. You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this Website and the services offered via this Website. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing fees to your credit card.
Perishable Products – For perishable products (such as fresh and frozen fish items), we will aim to dispatch the products within 7 working days of placing your order. We will deliver the products to you, by carrier, in temperature controlled conditions.
If we cannot deliver these products within 30 working days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the products however caused.
Risk in the products shall pass to you once they have been delivered to the delivery address stipulated in your order. It is your responsibility to store the products in suitable conditions as soon as you receive the products. We do not accept responsibility for any deterioration in quality which may arise as a result of inappropriate storage of the products after delivery has taken place.
You’re Right to Cancel
For all perishable products (including fresh and frozen fish items), you may cancel your order at any stage before and up to 10 days after you have placed your order with us, provided we have not dispatched the relevant products to you. To do this, you must notify us in writing at the following address (James Baxter and Son Ltd, Thornton Road, Morecambe, Lancs, LA4 5PB) or by sending an email to email@example.com
Once we have dispatched any perishable products, we regret that you cannot cancel your order for such products.
For any other products, which are not perishable, you may cancel your order before and up to 10 working days after the products are delivered to you “Cooling Off Period” provided:
- You notify us in writing (at the address above or by sending an email to firstname.lastname@example.org (before the Cooling Off Period ends that you wish to cancel the order; and
- If the Products have been delivered to you, you will return them to us (at your own cost) in an ‘as new’ condition as they were on delivery.
Where you cancel an order in accordance with the procedures, we will (at your request) either exchange the products or refund the amount you have paid. Refunds will be credited to the payment method used to make the original purchase.
Until you return the products to us you are responsible for their safe keeping and taking reasonable care of them. It is your responsibility to package the products adequately and safely, as we do not accept liability for packages damaged during transit back to us.
Cancellation by Us
We reserve the right to cancel any order (or part of any order) if for any reason the products are no longer available, in which event we will notify you by email and refund any payments you have made for that order.
We endeavour to make sure that all prices advertised on the Website are correct. However, if we discover that the product you have ordered was listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it. If you choose to cancel your order we will refund any payments made.
We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
Quality and Delivery Issues
If you are not satisfied with the quality of any of our products, or if the products you receive are incorrect on delivery, please notify us immediately by contacting us at the address above or email to email@example.com
If you notify a problem to us we will endeavour to:
- make good any shortage or non-delivery;
- replace any products that are found to be of unsatisfactory quality; or
- refund you the amount paid by you for the products in question. Refunds will be credited to the payment method used to make the original purchase.
- The remedies set out in the paragraph above constitute your only remedies, and our sole and exclusive obligations to you, with respect to any problems with quality or delivery of the products.
Our liability to you in respect of the products you order via this Website will not exceed the total price paid by you for the products in question, whether such cause of action is brought in contract, tort, warranty or otherwise.
Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Events Beyond Our Control
We shall have no liability to you for any failure to deliver the products you have ordered, or any delay in doing so, or for any damage or defect to any products delivered, that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.
Invalidity – If any of the terms of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Terms and Conditions which shall remain unaffected.
Third Parties – Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Governing law and jurisdiction – Any matter arising from or in connection with these Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
This website is intended for residents of the UK. The company makes no representation that materials in this website are appropriate or available for use in other locations. Those who chose to access this website, or purchase items from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the company to exercise or enforce any right or provisions of these terms and conditions will not constitute a waiver of such right or provisions.
Tel: 01524 410910
Address for correspondence and returns:
James Baxter and Son Ltd,
Thornton Road, Morecambe
Lancs, LA4 5PB
Registered in England: 3738438
VAT Registration Number: