Terms & Conditions of Sale
Enterprise Catering Services Limited T/A Malpass Butchery – Online Terms and Conditions of Sale
IF YOU HAVE ANY DOUBTS AS TO WHETHER A PRODUCT IS FIT FOR CONSUMPTION CONTACT US IMMEDIATELY. DO NOT ATTEMPT TO CONSUME THE PRODUCT.
1.1 These terms and conditions (together with any other documents expressly referred to herein) shall govern the sale and purchase of products through our website.
1.2 Please read these terms and conditions carefully and make sure that you understand them before ordering any products from our website. You will be asked to give your express agreement to these terms and conditions before you place your order on our website. By completing the order process and purchasing any products from our website you agree to be bound by these terms and conditions (and the other documents expressly referred to in them). You should print a copy of these terms and conditions for future reference.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) "we" means Enterprise Catering Services Limited. trading as Malpass Butchery; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you may be given the option to then create an account with us and log in; or if you are an existing customer, you may be asked to enter your login details; you must select your preferred method and location for delivery and confirm your order and agreement to these terms and conditions; you will be transferred to the checkout where our payment service provider will securely handle your payment; we will then send you an initial acknowledgement of your order; and once we have checked whether we are able to meet your order, we will either
a) send you an order confirmation (at which point your order will become a binding contract),
b) contact you with regard to providing substitute products if some of those in your order are unavailable, or
c) inform you by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct any input errors prior to finalising and submitting your order.
4.1 The following types of products are or may be available to purchase from our website from time to time:
Fresh Meats, Cured or Cooked Meats, Cheeses, Condiments, Sauces, and other associated accompaniments.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.3 All products are offered subject to availability at the time you submit your order and under certain circumstances we reserve the right to substitute certain products for similar or substantially similar alternative products of at least equivalent size or quantity and value which may form part of your order.
4.4 We shall, in cases where product substitution is necessary, endeavour to contact you before substituting products and amending your order. If we are successful in contacting you with regard to the product substitution before your order is dispatched you shall have the right to cancel your order under clause 13.2.
4.5 In the event that we contact you and you accept the substitute products or if we are unable to contact you before your order containing substitute products is dispatched, if the products dispatched are of greater value than those you originally ordered, no additional payment shall be required from you.
4.6 Food Safety: IF UPON RECEIPT OF YOUR ORDER OR UPON OPENING THE PACKAGING YOU HAVE REASON TO BELIEVE THAT THE PRODUCT IS NO LONGER FRESH TO THE EXTENT THAT YOU HAVE DOUBTS AS TO WHETHER THE PRODUCT IS FIT FOR CONSUMPTION, CONTACT US IMMEDIATELY WITHOUT ATTEMPTING TO CONSUME THE PRODUCT.
4.7 The images of products shown on our website are for illustrative purposes only. Owing to the bespoke nature of our products we cannot guarantee that the appearance of the products and/or the packaging you will receive shall match those in the images displayed on the website. The product description however is legally binding although all size, weight, capacity, dimensions and measurements are quoted with a tolerance of +/-5%.
4.8 While we have made reasonable efforts to display the colours and appearance of our products accurately and show a representative example of the product in the images on the website, the device you view the images on may not display the colours accurately or reflect the actual colour of the products you receive. Also, owing to packaging methods and materials used (including but not limited to vacuum packaging and inert gas / modified atmosphere preservation techniques), the products you receive may vary slightly from those images.
4.9 Ingredients, Allergen Information & Fitness for Consumption
All our products are sourced, produced, packaged and labelled with detailed origin, ingredients and allergen advice, as well as comprehensive traceability recording, all in accordance with Food Standards Agency guidelines and other applicable regulations and laws.
4.10 Our products are sourced globally and may not all originate from the UK.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect any contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT (where applicable).
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 Despite our reasonable efforts, some products on our site may occasionally and unintentionally be incorrectly priced. If we discover an error in the price of a product or products that you have ordered we will inform you of this error and we will give you the option of either continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have received your specific instructions and authorisation to proceed with or cancel the order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. In all circumstances, please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we shall be under no obligation to provide the products to you at an incorrect (lower) price. Please feel free to contact us if you believe that there is any such mis-pricing or error in the pricing on our website; we may, at our sole discretion, reward you if any serious mis-pricing errors on our website that you report as part of an order are substantiated.
5.6 We reserve the right to offer, promote, extend, withdraw or cancel promotional items, special offers or voucher codes at any time for any reason without notice. All offers and promotions are subject to availability and only while stocks last and we shall be under no obligation to accept any orders placed using an offer or promotion and such acceptance shall be at our sole discretion.
5.7 A voucher code entitling you to a pre-determined discount or additional product can only be used once per order. We may, at our sole discretion, reject or refuse to process and fulfil any order(s) which include bulk purchases of products or multiple purchases of products by the same customer which are on promotion or included in a special offer. Only one special offer or promotional voucher or code can be used on or applied to an order. (You warrant that you are using a voucher code on our site in good faith. If you redeem or attempt to redeem a voucher to which you, or a third party, are not entitled, you may be committing a civil or criminal offence.)
5.8 If we refund you for a product or products that were purchased on a special offer, promotion or using a discount voucher or code, the refund amount you receive shall be based on the promotional price which you paid. Your statutory rights are not affected.
5.9 In the event that we issue any discount or voucher codes they will have their own associated terms and conditions which will be notified and explained at the time the code is issued (this shall be in writing; if the code is issued electronically via email or internet URL hyperlink, or physically in print if posted or delivered with an order). If you believe you have a valid code which will not work at the time you wish to place an order please contact us before you complete the order process and submit your order and we shall investigate and attempt to resolve any issue on our part. If the code is not working as a result of its individual terms and conditions then this will be explained.
5.10 Any discounts, offers or promotions applicable to first time customers are available as one-off purchases only and we reserve the right to cancel any orders at our sole discretion which abuse any such offer or promotion.
6.1 You must, during the checkout process, pay the prices of the products you order and any applicable delivery charges.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP £25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees).
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Credit accounts
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 28 days following the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,
without prejudice to our other legal rights or rights under these terms and conditions.
8.1 Our policies and procedures relating to the delivery of products are set out in our delivery policy document and further as described in this Section 8.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to attempt to deliver your products as detailed in the order confirmation or, however, we do not guarantee successful delivery by any specific date. It is your responsibility to check ALL details in the order conformation prior to dispatch. If there is an error or omission you must contact us IMMEDIATELY.
8.4 We guarantee that unless there are exceptional circumstances all orders will be dispatched within 24 hours following the later of either our receipt of your payment or the date you receive confirmation of acceptance of your order from us.
8.5 Once we have sent you confirmation of acceptance of your order our delivery partner ‘APC Overnight’ will send you details of the scheduled delivery date and your parcel tracking number via e-mail/SMS text message.
8.6 If you have any special instructions for APC regarding delivery e.g. leave your parcel with a neighbour, or that you live in a flat or development with an entry system which requires an access code, it is your responsibility to contact them directly to advise them of these instructions as soon as possible after you receive their email / SMS text message advising you of the scheduled delivery date.
8.7 You can track your parcel using the following link https://apc-overnight.com/receiving-a-parcel/tracking/ or alternatively you can contact your local depot using the details provided by APC in their delivery information email or text message. Details of your local APC depot can be found at https://apc-overnight.com/contact/depot-finder/
8.8 On the day of your anticipated delivery you will receive a 2nd notification via e-mail/SMS text from APC advising you of a 2-hour window during which your parcel is expected to be delivered. Upon receipt of notification of this scheduled delivery window you shall make all reasonable efforts to enable the delivery of the parcel to take place at this time. It is your responsibility to contact APC if nobody is going to be available to receive the parcel at your delivery address, and to make alternative arrangement for the delivery to be made to a neighbour.
8.9 Due to the perishable nature of our products APC will not leave the parcel containing your order outside at the delivery address unless there is a safe place deemed suitable or this has been specifically instructed and authorised to do so by you, as there is a possibility the quality of the products could be affected as a result of this. In the event that the products become spoiled and unfit for consumption as a result of leaving the parcel outside at your request neither we nor APC shall have any liability to you for any loss as a result.
8.10 In the event that APC are unable to make delivery of the parcel containing the products you have ordered due to unavailability of a recipient at the delivery address at the date and time advised for the delivery, they will either;
a) leave you a notification of their unsuccessful attempt to deliver and details of how you can contact them to receive your parcel.
b) leave the parcel with a neighbour or in a safe place deemed suitable by the delivery driver or following instructions as advised to APC by you following notification of the intended delivery date.
In the event of absence of a recipient at the delivery address or absence of suitable alternative arrangements being instructed by you PRIOR to the delivery attempt, or a refusal to accept a delivery at the delivery address, APC will return the parcel to us. Due to the perishable nature of the products, upon return receipt at the APC depot or our premises the parcel containing your order shall be destroyed. The parcel containing your order will not be re-sent due to food safety issues, nor will a replacement order be sent.
IT IS YOUR RESPONSIBILITY TO ENSURE SOMEONE WILL BE AVAILABLE TO TAKE DELIVERY OF YOUR PARCEL OR TO CONTACT APC TO REARRANGE DELIVERY IN THE EVENT YOU ARE GOING TO BE UNAVAILABLE AT THE ANTICIPATED TIME OF DELIVERY OR IF DELIVERY IS NOT SUCCESFUL AT FIRST ATTEMPT.
8.11 In the event that the products become spoiled and unfit for consumption as a result of a missed or unsuccessful delivery or your lack of instruction to leave the parcel with a neighbour or other location at the delivery address in your absence, neither we nor APC shall have any liability to you for any loss as a result.
9. Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.4 If you cancel a contract on the basis described in this Section 9, you must send the products back to us at the return address (Unit 1, New Wharf, Brighton Road, Shoreham-By-Sea, West Sussex, BN43 6RN) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
9.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.9 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) the supply of goods which are liable to deteriorate or expire rapidly; or
(b) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that our authorised courier records that they have either;
a) delivered the parcel containing the products you have ordered to you, or;
b) left the parcel containing the products you have ordered in the safe location identified to them by you following their confirmation of the anticipated delivery details;
c) left the parcel containing the products you have ordered in the physical possession of the person/neighbour identified by you to take possession of the products in your absence, or;
d) unsuccessfully attempted to deliver them to you and left a card detailing how to contact them to re-arrange immediate re-delivery;
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) attempted or successful delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) £100,000 and
(b) the total amount paid and payable to us under the contract.
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
13.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
23. Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
23.2 These terms and conditions are available in the English language only.
23.3 Our VAT number is 299100882.
23.4 The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
24. Our details
24.1 This website is owned and operated by Enterprise Catering Services Limited T/A Malpass Butchery.
24.2 We are registered in England and Wales under registration number 10983373, and our registered office and principal place of business is at Unit 1, New Wharf, Brighton Road, Shoreham-By-Sea, West Sussex, BN43 6RN.
24.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on 01273464644 or
(d) by email, firstname.lastname@example.org
25. Your information
© Enterprise Catering Services Ltd 2019 (under license).