1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or cancel the contract for supply of products, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 We are Bellavita Shop Limited, a company registered in England and Wales. Our company registration number is 9790470 and our registered office is at 11B & 11C Dock Street, E1 8JN. Our registered VAT number is 228 4702 09.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3 Price and payment
3.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3.3 for what happens if we discover an error in the price of the product you order.
3.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
3.4 The minimum basket value of the products you buy from us on our website will depend on the delivery service you choose. For full details on delivery options please see clause 9.
3.5 We accept payment with any credit or debits cards except for MasterCard. You must pay for the products before we dispatch them. Authority for payment will be requested from your card issuer prior to dispatch. If authority for payment is refused by your card issuer then we will have the right to cancel the contract.
3.6 If you think an invoice is wrong please contact us promptly to let us know.
4 Our contract with you
4.1 The steps to create a contract between us are as follows:
• You place an order for products with us on this website.
• We send you an order acknowledgement which will set out the products you have ordered.
• When we dispatch the products to you, this will constitute our acceptance of your order and the contract will be completed, unless we notify you that we do not accept your order.
Non-acceptance of an order may be as a result of one of the following:
• We do not get authorisation for your payment.
• The product you have ordered is not in stock.
• You are not eligible to buy the products, for example, where the product is an age restricted product such as alcohol.
• We identify an error with the pricing or description of a product.
4.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
4.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 Our website is solely for the promotion of our products for sale in the UK. Unfortunately, we do not deliver to addresses outside the UK.
5 Our products
5.1 The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
5.2 The packaging of the product may vary from that shown in images on our website.
6 AVAILABILITY OF PRODUCTS
6.1 Where we are not able to supply certain products due to circumstances beyond our control, we will not be liable to you. Where possible, we may deliver substitute items. We will inform you before we deliver substitute products, and you will have the option to decline to receive such products, in which case you will be refunded the price of such products.
7 Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8 Our rights to make changes
8.1 We may change the product:
• to reflect changes in relevant laws and regulatory requirements;
• to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
9.1 The costs of delivery will be as displayed to you clearly in the basket before your purchase.
9.2 During the order process we will let you know when we will provide the products to you.
9.3 If our delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.4 If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9 am and 9pm on weekdays (excluding public holidays) and Saturdays.
9.5 Some products, such as alcohol, may carry age restrictions. Alcohol can only be purchased by, and for, individuals aged 18 and over. The product details will make those age restrictions clear. By ordering products with age restrictions, you are confirming that you meet those age restrictions.
9.6 We require all products to be signed for by you or a nominated representative (who must be at least 18 years of age) at the address of delivery or upon collection). If no one is available at your address to take delivery, we will contact you or leave you a note informing of how to rearrange delivery.
9.7 As recommended by the government, we operate a “Challenge 25” scheme. Therefore, if you look under the age of 25, our delivery personnel will ask you for proof of your age. We accept the following as proof of age:
• photographic driving licences;
• any card with the PASS hologram.
Please note that our delivery personnel will not leave products unattended, for example in a porch, or with anybody below the age of 18.
9.8 It is an offence under the Licensing Act 2003 for any individual under the age of 18 to buy, or attempt to buy, alcohol, or for any individual over the age of 18 to buy alcohol on behalf of an individual aged under the age of 18, subject to a maximum fine on conviction of £1,000. In accepting these terms you agree to provide us with true and accurate information and act in accordance with the Licensing Act of 2003.
9.9 [We also include various checks throughout the purchase process in order to assist with our compliance with legal obligations as a seller of alcohol. For example, we will check your date of birth to ensure you are over the age of 18 where ordering alcohol.[TD3] ]
9.10 Please note that some of our products are perishable. If no one is available to take delivery when they are delivered, some products may not be in a useable condition by the time you receive them.
9.11 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.3 will apply. Products will be your responsibility from the time we deliver the products to the address you gave us or you collect it from us.
9.12 You own a product once we have received payment in full.
9.13 We offer you the choice of the following delivery options:
• Using our own delivery service:
(i) This option is limited to delivery within postcodes E1 to E15.
(ii) We offer a next day delivery service.
(iii) The minimum order value is £30 with a delivery cost of £2.99. Orders over £60 will be free delivery.
(iv) The available time slots for delivery are: 10am - 12pm, 12pm - 2pm, 2pm – 4pm, 4pm – 6pm, 6pm- 8pm and 8pm – 10pm. Please note that we have a limited of number of deliveries we can make within any particular time slot so at busy periods you may not be able to select the time slot you want. If it is likely that delivery will be delayed we will contact you in accordance with clause 9.3.
• Using a third party courier:
(i) This option is available to any address in mainland UK.
(ii) We offer a next day delivery service.
(iii) We will deliver Monday to Saturday only. We do not offer delivery on Sunday, so if you are not in to sign for your delivery on a Friday or Saturday, your delivery slot can only be rebooked for Monday.
(iv) Delivery on Monday is not available for perishable products.
(v) Delivery of Frozen products is not available with this courier option.
(vi) Except in the circumstances referred to in 9.13(b)(vi) below, the minimum order value is £60 with delivery cost of £2.99. Delivery on a Saturday have an extra charge of £2.99
(vii) For Delivery exceeding 20kg a charge of £0.30p per each extra kg will be applied.
(viii) Please note that delivery to certain areas of the UK may cost more. To see a detailed list please follow the following link:
List of UK delivery costs
• Using a third party scooter courier service to offer same day delivery:
(i) This option is available within Zones 1 of London only.
(ii) We offer a same day delivery service within 1 hour, or you can choose a suitable time slot any time between 9am to 9pm, 7 days a week.
(iii) The minimum order value is £20 with a delivery cost of £2.99. Orders over £60 will be free delivery.
(iv) Delivery exceeding 7kg will be charged at £2.99 extra per each 7kg of additional weight.
(v) Delivery of Frozen products is not available with this courier option.
10 PROBLEMs WITH A PRODUCT, THE RIGHT TO CHANGE your MIND and refunds
10.1 In the event that there is any problem with any products you receive, please let us know by phone at 02071834533 or by writing to us at [email protected]
10.2 In the unlikely event that we deliver the incorrect quantity of products or the incorrect products to you, please inform us promptly.
10.3 We will not charge you for any incorrect products or products which you have not received. We will arrange for the correct quantity or correct products to be delivered to you at no extra cost.
10.4 In the circumstances set out in clause 10.2 we reserve the option to collect the incorrect products or incorrect quantity from you although we will not collect them in all circumstances.
10.5 If the products you receive are not as described, not fit for purpose or not of satisfactory quality, please tell us promptly. We may ask you for reasonable evidence (for example a photograph) in respect of such faulty products.
10.6 In the event that products are as described in clause 10.5 on delivery, we will refund you in full for such products. We reserve the option to collect the products from you although we will not collect them in all circumstances.
• we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
• there is a risk that supply of the products may be significantly delayed because of events outside our control;
• the contract will end immediately and we will refund you in full for any products you have ordered.
10.8 For some products bought online you have a legal right to change your mind within 14 days and receive a refund. Please note that there are some products which you do not have a right to change your mind in respect of, including but not limited to:
• perishable items, such as food;
• products which have a seal that has been broken (for example, where the seal has been broken on a bottle of wine). Therefore we ask that you take care not to remove seals when inspecting the products until you are sure you intend to keep the products.
10.9 How long you have to change your mind depends on what you have ordered and how it is delivered.
• Have you bought products (for example, a case of wine?), if so you have 14 days after the day you (or someone you nominate) receives the products, unless:
(i) Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
(ii) Your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
10.10 Where you are exercising your right to change your mind, you must return the products to us (except where the products are perishable or where they have a seal that has been broken).
10.11 You must send the products to us within 14 days of telling us you wish to end the contract to us at 11B & 11C Dock Street London E1 8JN. Please note that you will be responsible for the costs of return and it will be your responsibility to organise the delivery to our depot.
10.12 If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.13 We will refund you the price you paid for the products by crediting the card that you used for payment. However, we may make deductions from the price, as described in these terms.
10.14 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us.
10.15 To exercise your right to change your mind you must inform us of your decision to cancel the order by a clear statement, for example by a letter sent by post or e-mail. You may use the model cancellation form included at Schedule 1 below, but this is not mandatory.
11 Our rights to end the contract
11.1 We may end the contract for a product at any time by writing to you if:
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the correct delivery address; or
• you do not, within a reasonable time, allow us to deliver the products to you.
11.2 Subject to clause 11.3. if we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided.
• you are not available to sign for the products or
• you otherwise do not allow us to deliver the products to you
You will not be entitled to a refund in respect of the cost of any perishable goods in your order. We may also deduct or charge you reasonable compensation for the net costs we will incur as a consequence.
11.4 We may withdraw certain products from sale. We will refund any sums you have paid in advance for products which will not be provided.
12 Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 How we may use your personal information
14 Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if you owe us money, if you have otherwise breached the contract between us, if it would be illegal or if it would put us in breach of our obligations to others.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk. The Retail Ombudsmanwill not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings]. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.