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terms & conditions of sale

Purchases from [Cafédirect Online] are available only in the United Kingdom and are not available in any other location. You agree not to use or attempt to use the service from outside of the available territory. We may use technologies to verify such compliance.

We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.

1. The Contract Between Us

  1. On receipt of your order, we will send you an "Order Acknowledgment" by email. The Order Acknowledgment does NOT constitute an acceptance of your order.
  2. Your order will be accepted only when we receive payment of the whole of the price of the goods that you order, after which we will arrange the dispatch of the goods to you. Our acceptance of your order brings into existence a legally binding contract between us.
  3. In submitting your order and payment, you warrant that you are 18 years of age or older and authorised to use the selected payment method.

2. Price

  1. The prices payable for the goods that you order are as set out in our website but may be changed at any time
  2. The price is inclusive of VAT, but does not include storage or redelivery costs which may be charged to you in addition

3. Right To Cancel

  1. You cannot cancel your contract if the goods that you have ordered are perishable or where the goods are affected by matters of hygiene. For avoidance of doubt we consider that coffee, tea and hot chocolate products are perishable and that for health and safety reasons an order cannot be cancelled once the product packaging has been opened. However, please refer to our Returns Policy which is not affected by your statutory right to cancel.
  2. Save where clause 3.1 applies, you may cancel your contract with us for the goods you order at any time up to the end of the 7th working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
  3. To cancel your contract you must notify us in writing.
  4. Where your right to cancel applies, if you cancel your contract but we have already processed the goods for delivery or you have already received the goods then you must send the unopened goods back to our contact address at your own cost and risk as soon as possible and in any event within 30 days of your order.
  5. Once we have your written notification that you are cancelling your contract, the price paid to us for those goods will be re-credited to your account as soon as possible and in any event within 30 days of the date on which you submit your order to us ("the Order Date") PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of return, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

4. Cancellation by Us

  1. We reserve the right to cancel the contract between us if:
    - we have insufficient stock to deliver the goods you have ordered;
    - we do not deliver to your area; or
    - one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
  2. If we do cancel your contract we will notify you and we will re-credit to your account any sum deducted by us as soon as possible but in any event within 30 days of the Order Date. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of Goods to You

  1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
  2. Goods will normally be dispatched within 3 working days (Monday to Friday excluding Bank holidays) from our acceptance of your order. Express Delivery will normally be made within 1-2 working days of dispatch (up to a total 20kg of goods). A signature will be required for the goods.
  3. You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been dispatched to you they will be held at your own risk (even though you may still be entitled to cancel the contract under clause 3.2) and we will not be liable for their loss, deterioration or destruction.

6. Liability

  1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing of the problem within 14 days of the delivery of the goods in question.
  2. If you do not receive goods ordered by you within 14 days of the Order Date, we shall have no liability to you unless you notify us in writing of the problem within 30 days of the Order Date. If you notify a problem to us under this condition, our only obligation will be, at your option:
    - to make good any shortage or non delivery;
    - to replace or repair any goods that are damaged or defective; or
    - to refund to you the amount paid by you for the goods in question in whatever way we choose.
  3. To the fullest extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business, or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount you paid for the goods in question under Clause 6.2.3 above.
  4. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importing or exporting of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. It is up to you to ensure (a) that we may export the goods in question to you, and (b) that you may import those goods into your own jurisdiction.
  5. Despite Clauses 6.1 to 6.4 above, nothing in these Terms & Conditions of Sale is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or breach of this contract.

7. Notices

  1. All notices from you to us must be in writing and sent to our contact address at:

    Cafédirect plc
    City Cloisters Suite B3
    196 Old Street
    London
    EC1V 9FR
  2. All notices from us to you will be displayed on our website from time to time or sent to the email address that you provided to us on registration, as appropriate.

8. Events Beyond Our Control

  1. We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts, and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accidents.

9. Invalidity

  1. If any part of these Terms & Conditions of Sale is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms & Conditions of Sale will not be affected.

10. Other Terms and Conditions

  1. You acknowledge and agree to be bound by the terms of our Privacy Policy, which governs our use of the personal data that you provide to us when using this website.
  2. You acknowledge and agree to be bound by the Terms of Use, which governs your use of this website.
  3. We reserve the right to change the Terms & Conditions of Sale, including prices, at Cafédirect Online, at any time. Customers are encouraged to review the Terms & Conditions of Sale on a periodic basis for modifications
  4. These Terms & Conditions Sale, together with our current website prices, delivery details, contact details, Privacy Policy and Terms of Use, set out the whole of our agreement relating to the supply of the goods to you by us. No Cafédirect employee or agent has the authority to vary any of Cafédirect's policies and nothing said by any person on our behalf should be understood as a variation of these Terms & Conditions of Sale or as an authorised representation about the nature or quality of any goods offered for sale by us.

11. THIRD PARTY RIGHTS

  1. Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12. GOVERNING LAW

  1. The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.