Terms and Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our website.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
These terms may be amended from time to time as set out in clause 8 below. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products. These Terms were most recently updated on 25 March 2015.
These Terms, and any Contract between us, shall only be in the English language.
Unless stated otherwise, these Terms apply to you as a consumer or business. You are a consumer if, when you conclude this Contract, you are acting for purposes which are wholly or mainly outside your trade, business, craft or possession.
1. INFORMATION ABOUT US
1.1 We operate the website http://www.culinare.com/. We are DKB Household UK Limited, a company registered in England and Wales under company number 01268346 and with our registered office at Bridge House, Eelmoor Road, Farnborough, Hampshire GU14 7UE, United Kingdom. Our VAT number is 886266965.
1.2 Contacting us if you are a consumer:
(a) If you wish to contact us for any reason, including because you have any complaints, you may call, email and/or write to our customer service team in accordance with our Contact Us page.
(b) To cancel a Contract in accordance with your legal right to do so please see the information in clause 9 below in relation to the options available to you (for example by email or contacting our customer service team in accordance with our Contact Us page).
(c) If we need to contact you, or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team by telephone or email as set out on our Contact Us page. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2. OUR PRODUCTS
2.1 The images of the Products and packaging on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3. USE OF OUR WEBSITE
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our website if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind the business on whose behalf you use our website to purchase Products.
6.2 These Terms and/or any document expressly referred to herein constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you shall not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to herein.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 The stages of our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 7.3 below.
7.3 We will confirm our acceptance of your order to you by sending you an email that confirms that the Products have been dispatched (Confirmation). The Contract between us will only be formed when we send you the Confirmation.
7.4 If we are unable to supply you with the Product you wish to order, for example because that Product is not in stock or no longer available, we cannot meet your requested delivery date or there was an error in the price on our website (as referred to in clause 12.5), we will inform you of this by email and we will not continue to process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us the Terms on our website, being those in force at the time of your order, will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time.
8.4 If we need to revise these Terms in relation to how they apply to your order, we will contact you to give you reasonable advance notice of the changes and give you the option to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the Products affected by this changes or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer
9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. This means that, during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 Your legal right to cancel a Contract starts from the date the Contract between us is formed (being the date on which we email you the Confirmation). You will have a limited period of time to cancel the Contract depending on what you have ordered and how it is delivered. Please see the table below for further information:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel and contact our customer services team as set out on our Contact Us page and let us know about your decision to cancel the Contract.
9.4 If you are writing to us (whether by email or post) please include details of your order (including the order reference) to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, your notice to cancel will be within the deadline if you have put your letter into the last post on the last day of the cancellation period or email us before midnight on that day (see timescales in clause 9.2 above.
9.5 If you cancel your Contract within the deadlines in clause 9.3 above, we will:
(a) refund you the price you paid for the Products (excluding any applicable delivery charges). Please note we are permitted by law to reduce your refund 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 that you have handled them in an unacceptable way, you must pay us an appropriate amount to reflect the reduction in value of the Products;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer standard delivery of a Product (e.g. within 3-5 days) but you choose the greater cost of express delivery (e.g. within 24 hours), then we will only refund you the amount you would have paid for the cheaper standard delivery option; and
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us see clauses 9.9-9.13 below;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Product to us under this clause 9 because it is faulty or mis-described, we will refund the price of the Product in full together with any applicable delivery charges.
9.7 We will refund you on the same credit card or debit card that you used to place your order.
Returning a Product
9.8 If a Product has been delivered to you before you decide to cancel your Contract, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
9.9 Please see our Contact Us page for our returns address and information as to how to arrange a return.
9.10 Unless the Product is faulty or not as described (please see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
9.11 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 We will provide you with an estimated delivery date on Confirmation, which will be within 3-5 days after the date of the Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 17 for further details of our responsibilities in such an event.
10.2 If no one is available at the delivery address given to accept the delivery, a note will be left at your premises notifying you that the Products have been returned to your local post office or parcel depot and provide you with information as to how to request re-delivery or collect the Products.
10.3 Delivery of an Order shall be completed when we deliver the Products to the delivery address given in the Order process and the risk and responsibility in the Products will sit with you from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.
10.5 If we miss the delivery deadline set out in clause 10.1 for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your Order.
10.7 If you wish to cancel your Order for late delivery under clause 10.5 or clause 10.6 above, you may cancel the Order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them (the cost of which we will pay). After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. NO INTERNATIONAL DELIVERY
11.1 We do not deliver to addresses outside the UK, there must be a valid UK postcode.
11.2 You may place an order for Products from outside the UK, but this order must be in £ and for delivery to an address in the UK.
11.3 Deliveries outside of mainland UK may take longer (NI, Channel Islands etc.).
12 PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 Prices for our Products may change from time to time, but the relevant prices of the Products will be the price quoted on our website at the time you submit your order.
12.2 We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for information in relation to if we discover an error in the price of Product(s) you ordered.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already received a Dispatch Confirmation before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as set out on our Delivery Charges page [insert link].
12.5 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13 HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card as indicated on our checkout page. We accept all major debit cards and credit cards, except for American Express.
13.2 Payment for the Products and all applicable delivery charges is in advance. Your debit card or credit card will be charged on or as soon as possible following the placement of your order.
14 PRODUCT GUARANTEES
14.1 Some of the Products we sell to you come with a product guarantee. For details of the applicable terms and conditions, please refer to the product guarantee provided with the Products.
14.2 If you are a consumer, a product guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15 OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.1 We supply the Products for internal use by your business only, and you agree not to use the Product for any resale purposes.
15.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16 OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the product for any commercial, business or resale purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 Nothing in these Terms, including clauses 16.1 and 16.2 above, exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (relating to title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (relating to the description, satisfactory quality, fitness for purpose and samples of goods); and
(e) defective products under the Consumer Protection Act 1987.
17 EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 17.2).
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in accordance with clause 9 above. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to "in writing", this will include email.
18.2 If you are a consumer: you may contact us as described in clause 1.2.
18.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our product guarantee in clause 14 to the recipient of the gift without needing to ask our consent.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our product guarantee at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it 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.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).