Terms & Conditions
1. Our contract with You
These Terms & Conditions apply: so far as the context allow, to You as a visitor to Our Website; and in any event to You as a buyer or prospective buyer of our Goods. Our Website will guide You through the steps You need to take to place an order with Us. The order process allows You to check and amend any errors before submitting Your order to Us. The information on Our Website has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. Your order shall constitute as an offer to from You to buy Goods from Our Website. When You are ready to place an order for the first time, You will be asked to create an account. Once, You have registered, You will receive an email confirmation of Your registration. Subsequently, You will simply log in to Your account to place an order with Us. We shall accept Your order by Email Order Confirmation. That is when our contract is made. Our message will also confirm details of Your purchase. We aim to dispatch orders within 1 business day of receiving payment. Once the order is dispatched an email is sent to You with the tracking number to confirm that the Goods have been dispatched. Unfortunately, We cannot guarantee that Goods advertised on Our Website are available. If We are unable to supply You with a Good, for any reason, We will inform You of this by e-mail and We will not process Your order. If You have already paid for the Goods, We will refund You the full amount including any delivery costs charged as soon as possible. The customer using the website who is a Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
2. Our right to vary these Terms & Conditions
We may change these Terms & Conditions from time to time. The Terms & Conditions that apply to You are those posted here on Our Website on the day You order Goods. If We have to revise these Terms & Conditions as they apply to Your order, We will contact You to give You reasonable advance notice of the changes and let You know how to cancel the Contract if You are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods You have yet to receive. If You opt to cancel, You will have to return (at our cost) any relevant Goods You have already received and We will arrange a full refund of the price You have paid, including any delivery charges.
3. Our Products
The images of the Products on our site 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 Goods. Your Goods may vary slightly from those images. The packaging of the Products may vary from that shown on images on our site. If in future, You buy Goods from Us under any arrangement which does not involve Your payment via Our Website, these Terms & Conditions still apply. If We owe You money on account of Your cancellation, We will credit Your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of Your order.
4. Your Account With Us and How we use your Personal Information
5. Price, Payment and Refund
6. Cancellation of Order
If You bought the Goods as a Consumer, You may cancel Your order within 4 hours of placement of your order. We will refund to You the price of the Goods and the cost of delivery, if any. Please also refer to our Return and/or Refund Policy. In cases of conflict between terms, conditions and policies, The Return & Refund Policy will stand. As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website. The option to cancel Your order is not available if the Goods are: perishable; made or altered to Your specification; shrink wrapped and which has been opened.
7. Goods Returned
If the goods are faulty and are not accessive for visual inspection, contact Us within 24 hours, and We will replace the same goods with required quality or other products of the same value subject to availability. Goods won’t be eligible for return and replacement if damage was visually accessible and was not checked by the customer upon receipt. To receive a replacement, it is essential that You follow the instructions below. You must contact Us by email to firstname.lastname@example.org or by letter to our land address provided at the end of the agreement, stating that You would like to return goods, specifying exactly what goods and when purchased, and giving full details of the fault or other reason for return. We will then issue a Goods Returns Reference. If You send goods to Us without the reference, We may not be able to identify sufficient details to enable Us to attend to Your complaint. So far as possible, Goods should be returned: with both goods and all packaging as far as possible in their original condition; securely; wrapped; including our Goods Returns Reference noted under our address; at Your risk and cost.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if You bring to our immediate attention, any that You find. We give no warranty and make no representation, express or implied, as to: the adequacy or appropriateness of the Goods for Your purpose; the truth of any Content on Our Website published by someone other than Us; any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used; compatibility of Our Website with Your equipment, software or telecommunications connection. Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that We shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from Your use of any such website. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of Our Website or the purchase of Goods.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform in order to access our site. You should use Your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our site will cease immediately.
10. How We may use Your Personal Information
We will use the personal information You provide to Us to: provide the Goods; process Your payment for such Goods; and inform You about similar Goods that We provide, but You may stop receiving these at any time by contacting Us. You agree that We may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do. We will not give Your personal data to any other third party.
11. Governing Law and Jurisdiction
You acknowledge and agree that PEKOE will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At PEKOE’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to PEKOE or perfect these rights, titles or interests in PEKOE’s name.
DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. PEKOE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. PEKOE ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. PEKOE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF PEKOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF PEKOE WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
LICENSE GRANTED TO YOU.
By providing materials to PEKOE, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted PEKOE an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. PEKOE may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against PEKOE for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to PEKOE. Any communication or materials you send to PEKOE will be treated as non-confidential and nonproprietary and may be disseminated or used by PEKOE for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. PEKOE is not responsible for the acts or omissions of any advertiser or sponsor.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
PEKOE FINE FOODS LLC
SII RESTAURANTS LLC