Terms and Conditions For the Sale of Goods
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply and deliver products which you have ordered ('the products').
1.2. Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide the products to you, how you and we may change or end the contract, 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. Who we are. We are Creamline Dairies Ltd, a company registered in England and Wales. Our company registration number is 396381 and our registered office is at Mellors Road, Trafford Park, Manchester, M17 1PB. Our registered VAT number is 145 6027 78.
2.2. How to contact us. You can contact us by telephoning our customer service team at (0161) 873 0300 or by writing to us at our registered office address above or by email at [email protected].
2.3. How we may contact you. 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.
3. These are the definitions which we use throughout the document. When we use:
3.1. "Best of Local", we mean any of the products sold through the Best of Local selection on our website;
3.2. "Daily Essentials", we mean any of the products sold through the Daily Essentials selection on our website;
3.3. "Delivery Calendar", we mean the calendar in the Your Account section of our website which details the Orders you have placed and, as part of this, what products will be delivered to you on what dates and for what price;
3.4. "Order", we mean the selection of products you have requested for delivery on a specific day or date.
3.5. "Roundsperson", we mean our employee who is responsible for delivering your Order to your house.
3.6. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. OUR CONTRACT WITH YOU
4.1. You create your Order with us by using our website. You request your Order by choosing on which days you will receive a product and clicking 'add to my delivery'. Unless you select 'one off delivery', we will assume that you will want your Order delivering on each day selected, recurring until you tell us that you do not want to receive that Order any more (or until you change the Order). You can amend your Order request up until the point at which we accept it by altering the quantity or type of products in your Delivery Calendar.
4.2. Your Order request can be a one-off or a regular delivery. You can place a one-time Order request for any available date using our website and this will show on your Delivery Calendar. You can also arrange for a regular delivery by requesting specific products be delivered to you in a particular pattern e.g. every week on a Monday, Wednesday and Friday. Regular deliveries can be varied whenever required or paused to take into account holidays or other times when you may not require a delivery. You can amend your Order until we accept your Order as described at 4.3.
4.3. How we will accept your Order request. Our acceptance of your Order request for our Best of Local products will take place at 5 p.m. on the day before it is delivered. At this point a contract between us for that Order on that day will come into being. Your payment will be taken at that time from the card details you provided us when you requested your Order. Our acceptance of your Order for our Daily Essentials products will take place at 9 p.m. on the day before it is delivered. At this point a contract between us for that Order on that day will come into being. Your payment will become due as described in clause 13.
4.4. If we cannot accept your Order request. If we are unable to accept your Order request, we will inform you of this and will not charge you for the product(s). This might be because the product(s) are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product(s), issues with access or delivery or because we are unable to meet a delivery deadline you have specified. We will act reasonably in deciding whether to accept or decline your Order request and will inform you if we are unable to accept your Order request.
4.5. We only sell to selected areas. Because our business is based on supplying products intended for current consumption in the household, supplied on frequent and regular rounds to your home, residence or workplace, you can only order our products for delivery in areas where we operate a delivery round. Please check to see if your postcode is one to which we can deliver at our website homepage (www.creamline.co.uk).
5. OUR PRODUCTS
5.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
6. YOUR RIGHTS TO MAKE CHANGESIf you wish to make a change to the Best of Local product(s) you have ordered, you can do this up until 5pm on the day before we deliver. If you wish to make a change to the Daily Essentials product(s) you have ordered, you can do this up until 9pm on the day before we deliver. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9- Your rights to end the contract).
7. OUR RIGHTS TO MAKE CHANGES
7.1. Minor changes to the products. We may make minor changes to the products:
7.1.1. to reflect changes in relevant laws and regulatory requirements; and
7.1.2. for any other reason, provided that it does not materially affect your use and enjoyment of them.
7.2. More significant changes to the products. We can make more significant changes to the products, or withdraw them from sale entirely, for business reasons. If you have requested a repeat Order for a product which is materially changed or withdrawn, we will let you know and, unless we hear otherwise, we will not replace the product. The rest of your Order request will be unaffected.
7.3. More significant changes to the terms. We will try not to change clauses 7, 13 or 14 of these terms and conditions. We can change any other clauses for any of the reasons described in clause 7.4. If we do change any other clauses, we will notify you at least 30 days before the change takes effect.
7.4. Reasons for making changes. The reason that we change our terms and conditions, or to the prices for the products, could be:
7.4.1. to change, alter, or improve or add to our terms to ensure we respond to customer needs and remain competitive;
7.4.2. that the cost to us of running our business increase or the costs we pay others for their products or services increases (for example, we have to pay third parties more to provide services or goods to us);
7.4.3. to introduce new charges where the cost of running our business increases;
7.4.4. we reorganise the way we structure or run our business;
7.4.5. other valid legal or regulatory reasons; or
7.4.6. we change the terms to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time so all customers use consistent terms.
8. DELIVERING THE PRODUCTS
8.1. Delivery costs. Any applicable costs of delivery will be as displayed to you on our website at the point you make your request for an Order. The delivery costs we charge you may be higher if you ask for a specific delivery method or time, but we will tell you about this at the time when you request that method.
8.2. When we will deliver the products. During the Order process we will let you know when we will deliver your Order to you. If you request delivery on a day of the week which happens to fall on a bank holiday in England, we will deliver your Order on the previous working day. If we have to change your delivery date in other circumstances, we will endeavour to email you to confirm this to you at least 24 hours in advance. If this is unacceptable, you can change your Order by updating your Delivery Calendar. Our ordinary delivery times (unless you have paid extra for a specific delivery time) are from midnight to 10:00am.
8.3. We are not responsible for delays outside our control. If our supply 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.
8.4. Collection by you. If you have asked to collect your Order from our premises, you can collect them from us at any time during our working hours of 8am until 1pm on any day Monday to Saturdays (excluding bank holidays in England). Please report to the reception desk of the depot identified as your local depot in your account information.
8.5. Return of re-usable containers. Where we supply products to you which come in re-usable containers or boxes (for example glass milk bottles), you agree that you will return those items to us in good condition. We will usually collect those items from you at the same time as making the next delivery to you, but we can ask for them back at other times and you agree to give them back when we ask. We will tell you (or display on the container) how you should make the container available for our collection, or how you should return it to us.
8.6. If we are not able to leave your Order. If your Order cannot be left either in the safe place you advised us of during the Order process, or a safe place identified by the roundsperson, and no one is available at your address to take delivery, we will leave you a note informing you of how to collect your Order from a local depot or re-arrange delivery for the following day. Any safe place must be confirmed using our website and must be accessible safely by the roundsperson and we reserve the right not to leave goods there if the roundsperson does not believe it is safe to access that place, or to leave the Order there. For Daily Essentials products, the safe place where your Order will be left will be by your front door unless you expressly tell us that this is not suitable. We will leave your Order in a safe place as a matter of course and will not knock on the door / ring the bell unless there is no safe place to leave your Order, or unless you specifically ask us to do this (for which there might be a charge, please see clause 8.1).
8.7. If you do not re-arrange delivery. If you do not collect your Order from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect your Order from our delivery depot within 24 hours then:
8.7.1. we will charge you the full price for any products that we cannot re-sell for a reasonable price (for example because they are perishable) and will dispose of those products;
8.7.2. we will give you a refund (or where applicable reduce any eventual charges to you) in respect of any products that we can re-sell for a reasonable price and will take those products back into stock. We may deduct from any refund or reduction in this instance a reasonable sum to compensate us for any losses we may suffer as a result of your failure to accept delivery. This may include our wasted costs in attempting delivery, or (where we decide we can re-sell the products) the reduction in the value of the relevant products as a result of the attempted delivery and delay.
8.8. When you become responsible for the products. Products will be your responsibility from the time we deliver the Order to the address you gave us, or you collect it from us (or somebody else collects it on your behalf).
8.9. What will happen if you do not give us the information we require. We may need certain information from you so that we can deliver the Order to you, for example, the location of a safe place for delivery. If so, this will have been stated in the Order process. We will contact you to ask for this information if you do not provide it. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either decline your Order request or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for delivering the Order late or not supplying any part of that Order if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.10. Reasons we may suspend the delivery of Orders to you. We may suspend the delivery of any Order (or decline future Order requests) because:
8.10.1. there is a reason why we cannot provide the products you have asked for (either generally or to you specifically);
8.10.2. we believe, acting reasonably, that it is not safe to make further deliveries to your area or address;
8.10.3. we believe that, acting reasonably, that you may not pay us for the products we supply, or that the details that you have provided to us about yourself are not accurate;
8.10.4. we do not believe that it is possible to leave the products you have ordered in a manner that means the products will reach you safely; or
8.10.5. we decide for commercial reasons that we are not able to continue the delivery round in your area.
8.11. Your rights if we suspend the delivery of Orders. We will contact you in advance to tell you we will be suspending delivery of Orders, unless the problem is urgent or an emergency. If we have to suspend the delivery of a product we will adjust your Order so that you do not pay for product(s) which we have not delivered. You may exercise your rights to terminate all further Orders (under clause 9.3) if we tell you that we are suspending delivery and we will refund any sums you have paid in advance for products which you have not received.
8.12. We may also suspend delivery of the Orders if you do not pay. If you do not pay us for the Orders when you are supposed to (see clause 13.5), we may suspend delivery of any further Orders until you have paid us the outstanding amounts. We will not charge you for the Orders during the period for which they are suspended. As well as suspending the delivery of the Orders, we can also charge you interest on your overdue payments (see clause 13.7).
8.13. We may suspend delivery of the Orders if you have reached your spending limit until we receive payment from you. In respect of Daily Essentials orders, as explained in clause 13.5, payment is not required when we deliver the products. To protect our own commercial interest, we may place a limit on the value of products we will deliver to you in between payments, this is called your "spending limit". We will tell you what your spending limit is when you place your order. If you would like a higher spending limit, please contact us and we will decide if we are willing to increase your spending limit. We reserve the right to review and update spending limits regularly (upwards or downwards) with reference to your financial situation and payment history. We will notify you if we change or remove your spending limit.
8.14. Promotions. Any promotions that we run via offers, voucher codes or any other promotional activity will be limited to the type of product(s), number of product(s), value and dates stated in the relevant promotional literature. We reserve the right to withdraw any promotions without notice.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. When you can end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12;
9.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3. In all other cases (if we are not at fault), see clause 9.3.
9.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products you may have paid for but which have not been delivered and you may also be entitled to compensation. The reasons are:
9.2.1. we have told you about a change to the product(s) and / or terms which you reasonably consider is materially detrimental to you (see clause 7.2); or
9.2.2. we propose to change the price on a product you have Ordered and you do not want to pay that price, provided that you tell us before the change to the price takes effect.
9.3. Ending the contract for other reasons. Even if we are not at fault, you can still withdraw your Order request (either for one specific Order or for all future Orders) at any time before the relevant Order request is accepted by us. If you withdraw your request for all future Orders, this is the same as ending the contract. If you try to terminate an Order after it has been accepted by us, we will try to make sure that your Order is not delivered, but this may not be possible. If we succeed in stopping your Order before it is delivered, you may have to pay us compensation, in particular where the products you have ordered are perishable. If we are unable to recall your Order before it is delivered, you will have to pay for the Order in full. Where you have ended the contract, we will refund any sums paid by you for products not delivered but we may deduct from that refund (or, if you have not made an advance payment, we may charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract after an Order had been accepted by us.
10. HOW TO END THE CONTRACT WITH US
10.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1. Phone or email. Use the help and support function found under the 'My Account' tab on our webpage. Alternatively, call customer services on (0161) 873 0300 or email us at [email protected]. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
10.1.2. Online. Update your Delivery Calendar to show that there are no deliveries to be made.
10.1.3. By post. Simply write to us at Mellors Road, Trafford Park, Manchester, M17 1PB including your name and address.
10.2. Returning products after ending the contract. If you end the contract for any reason after products have been received by you, you will not be able to return them to us.
10.3. How we will refund you. If we need to give you a refund, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the refund, as described above.
11. OUR RIGHTS TO END THE CONTRACT
11.1. We may end the contract if you break it. We may end the contract (and any future Orders) at any time by writing to you if:
11.1.1. you do not make any payment to us when it is due;
11.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the Order, for example, a safe location for delivery;
11.1.3. you do not, within a reasonable time, allow us to deliver an Order to you, or collect them from us, as described in these terms and conditions.
11.2. You must compensate us if you break the contract. 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 Orders which have not been fulfilled, but will deduct from such refund, or if you have not paid in advance, charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3. We do not have to accept Orders you have requested. We accept Orders for our Daily Essentials at 9pm on the day prior to delivery and for our Best of Local boxes at 5pm on the day prior to delivery. We do not have to accept your Order requests where there is a reason for us not to do so.
12. IF THERE IS A PROBLEM WITH THE PRODUCT(S)
12.1. How to tell us about problems. If you have any questions or complaints about the product(s), please contact us. Use the help and support function found under the 'My Account' tab on our webpage. Alternatively, you can telephone our customer service team at (0161) 873 0300 or write to us at [email protected]
12.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us by using the help and support function found under the 'My Account' tab on our webpage. Alternatively, please call customer services on (0161) 873 0300 or email us at [email protected] for a return label or to arrange collection.
13. PRICE AND PAYMENT
13.1. Where to find the price for the products. The price of the products will be the price stated at the point of you placing your Order request (which includes VAT). We will continue to charge you this price for any repeat Order requests.
13.2. Changes to the prices. We may change the prices for the products on our website at any time. If you have an outstanding or repeat Order request which would be impacted by the price increase, then:
13.2.1. if the price increase is less than or equal to 5% (taken over the course of a month where there is more than one price variation) then we will charge you the new price on all future orders. You therefore accept when you place an Order request that the actual price paid may be less or more than the price displayed at the time you place your order request, within that allowance of 5%; or
13.2.2. if the price increase is more than 5% we will give you at least 7 days' notice in writing or by email of the price change. Any Orders which are delivered during this 7 day period will continue to be charged by us at the old price. The price for the relevant products in all Orders after the end of the notice period will be the new price. If you do not want to pay the new price, you can cancel all future Orders as long as you do so before we accept the relevant Order request as described in clause 4.3. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the products you Order.
13.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we deliver the Order, we will adjust the rate of VAT that you pay, unless you have already paid for the Order in full before the change in the rate of VAT takes effect.
13.4. What happens if we got the price wrong. 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 unmistakeable 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.
13.5. When you must pay and how you must pay. We accept payment with any of the cards listed at the bottom of our website homepage (www.creamline.co.uk). When you must pay depends on what products you are buying:
13.5.1. For Daily Essentials, you must pay every Saturday for the Orders received over the course of the preceding week. We may on occasion agree other payment terms with you.
13.5.2. For Best of Local, you must pay for the Order at 5pm on the day before delivery.
13.6. Payment details. You must give us details of a debit or credit card when you request your Order. We will hold those card details on file and will only charge you when payment becomes due in accordance with clause 13.5. You agree to make sure that the card details held in relation to your account remain valid for the cost of all the products you ask us to supply. Any non-functioning cards should be replaced on the system as soon as possible to ensure that your payments are not interrupted. A failure to update your card details may result in your deliveries being suspended without notice. We will provide reminders to update your card details if they are nearing expiry. If you have not yet paid for products you have received under the Daily Essentials product range, and you add a new card to your account, the price for the products you have already received will become due immediately and will automatically be charged to your card.
13.7. We can charge a late fee if you pay late. If you do not make any payment to us by the due date we may charge a £4 late payment administration fee, and reserve the right to suspend or limit your account. v13.8. What to do if you think we have charged you the wrong amount. If you think we have charged you the wrong amount (or are asking you to pay the wrong amount) please contact us promptly to let us know. You will not have to pay a late fee until the dispute is resolved.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1. 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
14.2. 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; 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
14.3. When we are liable for damage to your property. If we are delivering Orders to your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while delivering the Orders.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1. How we will use your personal information. We will use the personal information you provide to us:
15.1.1. to supply the products to you;
15.1.2. to manage your customer account;
15.1.3. to process your payment for the Orders; and
15.1.4. if you agreed to this during the Order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. OTHER IMPORTANT TERMS
16.1. We may transfer this agreement to someone else. 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. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Orders not provided.
16.2. You need our consent to transfer your rights to someone else. 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 this is outside of our delivery area.
16.3. Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4. If a court finds part of this contract illegal, the rest will continue in force. 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.
16.5. 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 deliver the Orders, we can still require you to make the payment at a later date.
16.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.