Terms and Conditions
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Alison Fitzhugh, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Alison Fitzhugh and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Alison Fitzhugh and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
1. Your orders are an offer to purchase goods from us, we will confirm receipt of your order by sending you an email summarising the details of your order (‘Order Confirmation Email’) or otherwise confirming your order back to you; this is the point at which we accept your order and the contract is formed (subject to these General Terms & Conditions). The contract is completed when the goods are delivered (also subject to these General Terms & Conditions).
2. All orders for goods made by you on the website are subject to these Terms and Conditions.
(a) we make no guarantees that once placed and paid for, an order can be amended. If you wish to amend an order you must notify us by phone as soon as possible and provided the order has not already been submitted to our Distribution Organiser we will try to amend it. We also reserve the right to cancel or amend your order before the goods are despatched if the goods are no longer in stock - we may substitute an item of equal or greater value than the original item listed, or issue a refund for the product. This applies to all items. Where we have substituted an item, you may elect to receive a refund rather than accepting the substitute item by contacting us on 01832 273909, or alternatively email us at firstname.lastname@example.org. We will make any refunds made under these General Terms & Conditions within 14 days of us receiving the item, or evidence of items acceptable to us, from you.
(b) To amend or cancel an order we require a minimum three working days notice, prior to your delivery date. Beyond this point, cancellations and amendments are unavailable.
4. Orders and delivery are only available to United Kingdom Addresses. If your address is not within the UK, your order and delivery will be void.
5. If you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific day delivery is selected.
6. We make every effort to despatch items on time. If the items are not delivered within the time period we specify in the Confirmation Email, please contact us on 01832 273909 quoting the order reference contained in your Order Confirmation Email, or alternatively email us at email@example.com quoting the order reference contained in your Order Confirmation Email.
7. All deliveries must be signed for and are to an address (which must be correct) not a named individual. If a signed delivery at that address is not possible a card will be left saying that delivery was attempted and stating where the items will be held and the options available for delivery to be re-attempted or collection.
8. Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure (e.g. weather) for which we will not be responsible.
9. All payments for goods must be made when the order is placed. We will not reserve or despatch goods before payment is received. Ownership of the goods will pass to you once we have received payment in full. We cannot accept cheques or cash as payments online. Please note we cannot guarantee the security of data when communicating with Fortnum & Mason via email or fax. Accordingly please do not send us payment information using those mediums.
10. Our website uses high-level SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the privacy and security of your payment and personal details very seriously. You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.fortnumandmason.com in your browser address window. A small locked padlock will also appear in the address bar of your browser window.
11. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us with when placing an order.
12. Products are invoiced in GBP sterling at the price at the time of your order. Prices displayed in brochures and on the website include Value Added Tax (VAT) which will be applied at the current rate where applicable. Products might be subject to variation. If there is an error we will contact you as soon as possible - you will have the option of re-confirming your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced item will be cancelled, and we are not obliged to honour such orders.
13. The delivery charge is an additional cost, and applies to all items sold.
Product Descriptions and Specifications
14. We have made every effort to ensure that the goods displayed on this website conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions of items on the website are quoted as accurately as possible.
15. Any colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor's display of any colour will always reflect accurately the colour of the item delivered.
16. All images are for illustration purposes only
17. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.
Intellectual property and acceptable use
18. All Content included on the Website, unless uploaded by Users, is the property of Alison Fitzhugh, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, tradernarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
19. You may, for your own personal, non-commercial use only, do the following: a. retrieve, display and view the Content on a computer screen
20. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Alison Fitzhugh.
21. You may not use the Website for any of the following purposes:
(a) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
(b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
(c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
22. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Alison Fitzhugh or that of our affiliates.
23. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
24. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
26. When placing an order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details) to process your transaction.
27. We may use information we hold about you for the purposes of responding to your enquiries, fulfilling your order and delivering goods to you or preventing and detecting fraud. We may also transfer your data to third parties for the purposes of delivering any goods you have ordered to you, fulfilling orders, analysing and profiling data, processing payments and providing customer service.
Cancellations Prior or After Despatch
29. Once placed, it may not be possible to prevent an order from despatch. Similarly once despatched we are unable to stop delivery or cancel the order. If you wish to cancel your order, please contact us on 01832 273909 or alternatively email us at firstname.lastname@example.org. In the event that orders cannot be stopped or cancelled, you may return the items to us per your ‘Right to Cancel and Return Purchases’ below.
Right to Cancel and Return Purchases
30. You have the right to cancel your order without cause within a ‘cooling off’ period of 14 days from the day after you receive ALL goods, except:
(a) Perishable goods and other items likely to expire rapidly, this includes all loose leaf teas and roasted coffee beans ;
(b) Sealed items where the seal has been broken; and,
(c) Personalised or bespoke items.
31. If you wish to cancel and return your purchase, contact us on 01832 273909 with the order number quoted on the invoice note. Alternatively, email us at our email address: email@example.com. You will be given instructions about where to return the goods which must be made without undue delay and in any case within 14 days of notifying us.
32. Alternatively, the goods can be returned to our store at: 6 West Street, Oundle, Peterborough, PE8 4EF, United Kingdom. When the goods have been received and checked, a refund for the goods will be issued as soon as possible - this may mean that you will be contacted for repayment details. Please note:
(a) that the cost of returning the goods is your responsibility;
(b) that the delivery charge is non-refundable.
33. Your statutory rights regarding damaged, defective or incorrect goods are not affected by this.
Availability of the Website and disclaimers
34. Any online facilities, tools, services or information that Alison Fitzhugh makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Alison Fitzhugh is under no obligation to update information on the Website.
35. Whilst Alison Fitzhugh uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
36. Alison Fitzhugh accepts no liability for any disruption or non-availability of the Website.
37. Alison Fitzhugh reserves the right to alter, suspend or discontinue any part (or the whole) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. Limitation of liability
38. Nothing in these terms and conditions will:
(a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
(c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
39. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
40. To the maximum extent permitted by law, Alison Fitzhugh accepts no liability for any of the following:
(a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
(b) loss or corruption of any data, database or software;
(c) any special, indirect or consequential loss or damage.
41. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected
42. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
44. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
45. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
46. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that,or any other, right or remedy.
47. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. Alison Fitzhugh details
48. Alison Fitzhugh of 6 West Street, Oundle, Northamptonshire, PE8 4EF operates the Website www.brewbabu.com. The registered VAT number is 111111111. You can contact Alison Fitzhugh by email on firstname.lastname@example.org.
49. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk)
Brew Babu is a trading name of Brew Babu Ltd.
Registered in England: 10725265
Registered address: 6 West Street, Oundle, PE8 6EF
May 2017 VAT No. 266711003
Updated 9th April 2019