THE LOVEFOODS.CO.UK ONLINE - CONDITIONS OF SALE

By clicking ["Checkout"] you are agreeing to purchase the Goods set out in the Order from Love Foods according to the Conditions listed below:

  1. Definitions and Interpretations

    1. In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

      "Customer":the person who makes an offer to buy the Goods from Love Foods is subject to these Conditions and whose offer for the Goods is accepted by Love Foods and such acceptance is acknowledged to the Customer in Writing (the "Love Foods Acknowledgement");
      "Contract":the contract for the purchase and sale of the Goods;
      "Export Goods":Goods which are the subject of EU Orders or Worldwide Orders (as defined below in 6.5);
      "Goods":the goods ordered by the Customer from Love Foods;
      "Order":the order placed by the Customer with Love Foods for the Goods on the order page;
      "Love Foods":Love Foods, Regus House, Admirals Park, Crossways, Dartford, Kent, DA2 6QD;
      "Writing":includes e-mail.

    2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

  2. General

    1. Love Foods shall sell and the Customer shall purchase the Goods in accordance with these Conditions and any extra conditions or terms stated on the website.
    2. All Contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions which shall supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
    3. Love Foods reserves the right to alter these Conditions from time to time without notice to you and the alterations will apply to any orders received after that time.
    4. Love Foods employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Love Foods in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.

  3. Ordering

    1. No Order submitted by the Customer shall be deemed to be accepted by Love Foods unless and until confirmed by the Love Foods Acknowledgement.
    2. The Customer shall be responsible to Love Foods for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable Love Foods to perform the Contract.
    3. The quantity and description of the Goods to be provided by Love Foods to the Customer under the Contract shall be those set out in the Love Foods Acknowledgment.
    4. Subject to clauses 10 and 11, no Order which has been accepted by Love Foods may be cancelled by the Customer except with the agreement in Writing of Love Foods and on terms that the Customer shall indemnify Love Foods in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Love Foods as a result of cancellation.

  4. Price and Payment

    1. The price of the Goods shall be the price listed in the Love Foods published price list current at the date of acceptance of the Order (the "Price"). /products [The export price list shall apply in relation to Export Goods.] Prices are exclusive of delivery; delivery is within the UK only.
    2. Love Foods reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to Love Foods which is due to any factor beyond the control of Love Foods (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities for the Goods which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give adequate information or instructions.
    3. Payment can be made by any method specified in /payment. Love Foods will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
    4. Payment of the Price together with the Delivery Costs will be debited from the Customer's account after the Love Foods Acknowledgment has been notified to the Customer in Writing but before the Goods are delivered to the Customer pursuant to clause 6.
    5. While Love Foods tries to ensure that all prices on the Love Foods website are accurate, errors may occur. Love Foods discovers an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will continue with delivery and refund the overpayment or debit the underpayment, subject to contacting you and notifying you of the underpayment before debiting the underpayment.
    6. If the Customer's card issuer fails to make any payment of the Price or any Delivery Costs on behalf of the Customer then, without prejudice to any other right or remedy available to Love Foods Ltd , Love Foods shall be entitled to cancel the contract or suspend any further deliveries (if any) to the Customer.

  5. Indemnity

    1. If any claim is made against Love Foods that the manufacture or sale of the Goods infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of Love Foods, indemnify Love Foods against all damages or other compensation awarded against Love Foods in connection with the claim or paid or agreed to be paid by Love Foods in settlement of the claim and all legal or other expenses incurred by Love Foods in or about the defence or settlement of the claim.

  6. Delivery

    1. Delivery charges and estimated timescales are in /delivery. Love Food makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.

    2. Any time or date for the dispatch or delivery of Goods shall be taken as an estimate made by Love Foods in good faith but shall not be of the essence of the contract. Love Foods shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated Delivery Date or such other date as may be subsequently agreed.

    3. Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by Love Foods delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and Love Foods have agreed in Writing.

    4. Love Foods aims to dispatch Goods for delivery within [2] working days of notification to the Customer of Love Foods Acknowledgement.

    5. The Customer shall allow:

      1. [7] days from receipt of the Love Foods Acknowledgment in the case of Orders placed from within mainland UK ("UK Orders");
      2. [15] days from receipt of Love Foods Acknowledgment in the case of Orders placed from outside mainland UK but within the European Union ("EU Orders");
      3. [30] days from receipt of Love Foods Acknowledgment in the case of Orders placed from outside the European Union ("Worldwide Orders")

      For delivery of the Goods before notifying Love Foods in writing that delivery has been delayed.

    6. If the Customer fails to take delivery of the Goods or fails to give Love Foods adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Love Foods fault) then, without prejudice to any other right or remedy available to Love Foods, Love Foods may:

      1. Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
      2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
    1. The Price and all and any delivery costs are exclusive of any applicable value added tax (sales tax), which the Customer shall be additionally liable to pay to Love Foods
    1. If the Customer fails to take delivery of the Goods or fails to give Love Foods adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Love Foods fault) then, without prejudice to any other right or remedy available to Love Foods, Love Foods may:
      1. Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
      2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.
    1. The Price and all and any delivery costs are exclusive of any applicable value added tax (sales tax), which the Customer shall be additionally liable to pay to Love Foods

  7. Data Protection

    1. The purpose of this statement is to set out how Love Foods will use personal information that it may obtain from and about you. By registering as a user of the services provided by Love Foods and by using the Love Foods web site generally you agree to the following:

      1. When you register and use this site you will be asked to provide certain information such as your contact details. Love Foods will store this data and hold it on computers or otherwise. Love Foods will use this data to fulfill its agreement with you.

      2. Love Foods may use the information that you provide or that is obtained by us:

        1. to register you with the Love Foods website and to administer the Love Foods website services;
        2. for assessment and analysis (e.g. market, customer and product analysis) to enable Love Foods to review, develop and improve the services which we offer and to enable it to provide you and other customers with relevant information through our marketing program. Love Foods may use your information to make decisions about you using computerised technology, for example automatically selecting products or services which we think will interest you from the information we have collated. Love Foods may inform you (by e-mail, telephone, text message, mail or otherwise) about products and services (including those of other companies and organizations) which we consider may be of interest to you. If you do not wish Love Foods to use or share your information for marketing purposes, please tick the opt-out box provided when registering.
        3. For the prevention and detection of fraud.
        4. To administer any prize draws or competitions you may enter.

      3. We may give information about you to the following, who may use it for the same purposes as set out above:

        1. to other companies in our group;
        2. to employees and agents of Love Foods to administer any accounts, products and services provided to you by Love Foods now or in the future;
        3. agents who profile your data so that we may tailor the goods/services we offer to your specific needs;
        4. to other organisations for the administration of prize draws or competitions.

      4. We may also disclose your information:

        1. to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
        2. if we have a duty to do so or if the law allows us to do so.

      5. In order that Love Foods can monitor and improve the site, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version and the web site that you visited prior to our site.

      6. New technologies are emerging on the Internet that help Love Foods to deliver customised visitor experiences. In particular, there is a technology called "cookies" which may be used by us to provide you with customised information from our web site. A cookie is an element of data that a web site can send to your browser, which may then store it on your system. Cookies allow Love Foods to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of the Love Foods web site. Cookies also allow Love Foods to make our web site more user friendly by, for example, allowing us to save your password so that you do not have to re-enter it every time you visit our web site, and allowing items to be added to the shopping basket. We use cookies so that we can give you a better experience when you return to our web site. Most web browsers automatically accept cookies. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie, this will give you the opportunity to decide whether to accept it.

      7. Love Foods may supplement the information that you provide to us with information that we receive from third parties.

      8. Love Foods endeavors to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or willful default.

      9. You have the right to see personal data (as defined in the Data Protection Act) that Love Foods keeps about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us.

      10. Please be aware that our site may link to other web sites which may be accessed through the Love Foods site. We are not responsible for the data policies or procedures or the content of these linked web sites.

      11. In the course of undertaking the activities specified in this privacy policy Love Foods may transfer data outside the European Economic Area to countries which do not have data protection laws or to countries where your privacy and other fundamental rights may not be protected as extensively as in the United Kingdom.

    2. How can I get my name removed for the Love Foods website mailing list?

      1. If you want to be removed from our mailing list, please send an email to info@lovefoods.co.uk with the word 'remove' in the subject line. Please note that it may take up to 28 days to action your request.

    3. How do I change any details stored on Love Foods?

      1. To change any of your registered details on Love Foods, [click on 'Login' and enter your username and password. Once logged in click on 'My Account', then 'Personal Details', then 'Change details'. Change any of the details shown and click 'confirm'.]

    4. Contact Us

      1. If you have any comments or queries in connection with our privacy policy or to resolve any disputes, please e-mail info@lovefoods or call 0870 046 7010 or write to Love Foods, Regus House, Admirals Park, Crossways, Dartford, Kent, DA2 6QD. (Please do not send any returns to this address).

  8. Risk

    1. Risk of damage or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when Love Foods has tendered delivery of the Goods.

    2. The ownership of the Goods shall pass to the Customer at the time of the:

      1. passing of risk in the Goods to the Customer pursuant to sub-clause 8.1; or
      2. receipt by Love Foods of payment in full of the Price and cost of delivery;

      whichever is the later.

    3. Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Love Foods shall be entitled at any time to require the Customer to deliver up the Goods to Love Foods and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

    4. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Love Foods, but if the Customer does so all moneys owing by the Customer to Love Foods shall (without prejudice to any other right or remedy of Love Foods) forthwith become due and payable.

  9. Insolvency of Customer

    1. This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 8.2 one or more of the following events occurs (the "Cancellation Events"):

      1. the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
      2. an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
      3. the Customer ceases, or threatens to cease, to carry on business;
      4. Love Foods reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

    2. If this clause applies then, without prejudice to any other right or remedy available to Love Foods, Love Foods shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that Love Foods shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary

  10. Force Majeure

    1. Love Foods shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Love Foods’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond Love Foods reasonable control.

  11. General

    1. The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.
    2. We do not guarantee that this website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.
    3. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its e-mail address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
    4. No waiver by Love Foods of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
    5. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
    6. The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the Contract. Neither party will be entitled to rely on any agreement, understanding or arrangement which is not expressly contained in the Contract and no change may be made to it except in Writing signed by duly authorised representatives of both parties.
    7. The Customer agrees that these Conditions shall not be denied legal effect, validity or enforceability on the grounds that they are displayed electronically or transmitted from Love Foods to the Customer or from the Customer to Love Foods using the Internet.