Online business and consumer goods content terms and conditions
Information about us and how to contact us
Our contract with you
Your rights to make changes
Our rights to make changes
Providing the goods
Your rights to end the contract
How to end the contract with us (including if you are a consumer who has changed their mind)
Our rights to end the contract
If there is a problem with the GOODS
Your rights in respect of defective goods if you are a consumer
Your rights in respect of defective goods if you are a business
Price and payment
Our responsibility for loss or damage suffered by you if you are a consumer
Our responsibility for loss or damage suffered by you if you are a business
How we may use your personal information
Other important terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
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 goods 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 [or require any changes], please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer.
You are a consumer if:
You are an individual.
You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in red and those specific to businesses only are in blue.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are RAACE Ltd a company registered in England, Wales and Northern Ireland. Our company registration number is NI693742 and our registered office is at 2 Quarter Road, Cloughey, Newtownards, Northern Ireland, BT22 1JF. Our registered VAT number is 434996256.
2.2 How to contact us. You can contact us by writing to our customer service team at email@example.com..
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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this [in writing] and will not charge you for the goods. This might be because the goods are out of stock because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our goods
4.1 Goods may vary slightly from their pictures.
The images of the goods 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 goods. Your goods may vary slightly from those images.
4.2 Goods packaging may vary.
The packaging of the goods may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the goods 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 goods, delivery changes, 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.
6. Our rights to make changes
6.1 Minor changes to the goods. Variation in the goods can occur:
(a) to reflect changes in relevant laws and regulatory requirements, for example changes to the labelling and appearance; and
(b) to implement minor technical adjustments and improvements. These changes will not detrimentally affect the taste or appearance of the goods.
6.2 More significant changes to the goods and these terms. In addition, as we informed you in the description of the goods on our website, we may make changes to the goods, for example material changes to the ingredients to include known allergens under UK food labelling governmental regulations, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
7. Providing the goods
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you.
7.3 We are not responsible for delays outside our control. If delivery of the goods 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 goods you have paid for but not received.
7.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the goods 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 10.2 will apply.
7.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
7.7 When you own goods. You own the goods once we have received payment in full.
8. Your rights to end the contract
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions associated with costs involved in the transaction;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6
8.2 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 at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for the goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of goods once these have been unsealed after you have received them. This is for health protection purposes.
8.5 How long do consumers have to change their minds?
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receive the goods unless:
(i) Your goods 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.
(ii) Your goods 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 goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Email. customer services at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form https://www.jeffreysdrinks.com/contact-jeffreys on our website.
(c) By post. Print off the form https://www.jeffreysdrinks.com/printout-form-for-consumer-response and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning goods after ending the contract.
If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at RAACE Ltd, 2 Quarter Road, Cloughey, Newtownards, Northern Ireland, BT22 1JF. Please email us at email@example.com for a return label. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. For a summary of our returns policy please visit this link https://www.jeffreydrinks.com/returns-policy .
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the goods are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are a consumer exercising your legal right to change your mind.
(d) In all other circumstances, you must pay the costs of return.
9.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you.
If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then if we have not offered to collect the goods your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return the goods to us, see clause 9.2.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for the goods at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, delivery instructions including the location;
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the goods we have not provided but we may deduct or charge you for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract..
11. If there is a problem with the GOODS, how to tell us about problems.
If you have any questions or complaints about the goods, please contact us. You can email our customer service team at firstname.lastname@example.org.
12. Your rights in respect of defective goods if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can't be replaced, then you're entitled to a full refund, in most cases.
See also clause 8.3.
12.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject the goods you must either return them in person to where you bought them, or post them back to us. We will pay the costs of postage or collection. Please email customer services at email@example.com for a return label or to arrange collection.
13. Your rights in respect of defective goods if you are a business
13.1 If you are a business customer we warrant that on delivery the goods shall:
(a) conform with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that goods do not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such goods; and
(c) you return such goods to us at our cost,
we shall, at our option, replace the defective goods or refund the price of the defective goods in full.
13.3 We will not be liable for the goods failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage or use;
(c) you alter the goods without our written consent; or
(d) the defect arises as a result of wilful damage, negligence, or abnormal storage conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a goods failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any replacement goods supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the goods.
The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the goods advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the goods you order.
14.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods 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 goods provided to you.
14.4 When you must pay and how you must pay.
We accept payment with Paypal, Visa, Mastercard, or American Express.
You must pay for the goods before we dispatch them.
14.5 Our right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount for businesses at the rate of 10% a year above the Bank of England base lending rate and for consumers at a rate of 4% a year above the Bank of England base lending rate. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. If requested, you must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 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.
15.2 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 suppliers; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause; and for defective goods under the Consumer Protection Act 1987
15.3 We are not liable for business losses.
If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective goods under the Consumer Protection Act 1987;
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to [£[FIGURE] OR the greater of £[FIGURE]and [NUMBER IN WORDS] per cent ([NUMBER IN FIGURES]%) of the total sums paid by you for goods under such contract].
17. How we may use your personal information
17.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.
17.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
18. Other important terms
18.1 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 2 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
18.2 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. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.3 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.
18.4 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 goods, we can still require you to make the payment at a later date.
18.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
18.6 Alternative dispute resolution if you are a consumer.
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 a consumer and are not happy with how we have handled any complaint, you may want to contact the Citizens Advice Bureau for an alternative dispute resolution provider. 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.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
2 Quarter Road, Cloughey, Newtownards, Northern Ireland, BT22 1JF
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.