TERMS & CONDITIONS

Definitions

“Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;”Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;”Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; “Goods” means the articles that the Buyer agrees to buy from the Seller; “Seller” means Rummanco (also referred to as ‘we’ or ‘our’). “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer.These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Ordering

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund. When making an order through the website, the technical steps the Buyer needs to take to complete the order process are described as you go along the order process.

4. Price and payment

The price of the goods shall be that stipulated on the website. After the order is received the Seller shall confirm by email and/or by telephone the details, description and price for the Goods. Payment of the price and any delivery charges where applicable must be made in full before delivery of the Goods. All payment is in £ sterling.

5. Content and photography

The information provided for each product or collection of products is accurate at the time we (the Seller) published the information. Where the product is a collection of many products, a full list is supplied. Where we use any props in our photographs, we will make clear what is on offer to be purchased.

6. Rights of the Seller

The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. The Seller reserves the right to withdraw any goods from the website at any time.The Seller shall not be liable to anyone for withdrawing any Goods from the website or for refusing to process an order.

7. Warranty

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

8. Delivery

Depending on the type of Good delivery of goods ordered online will normally be within 4 working days of receipt of order. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 

Deliveries will be made to addresses in Great Britain and Northern Ireland.Delivery will be completed when we (the Seller), or our authorised courier company, deliver the products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that we, or the authorised courier company, considers safe.The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.The courier company may try to contact you by phone so that delivery can take place. The delivery driver will use the phone number associated with your account, which may also be printed on the delivery label.

 

The Seller’s obligation to deliver the order shall be fulfilled once the courier, delivers your order to a safe spot specified and is considered safe by the courier.If the personal handover of your order is not possible and no leave safe is available, The Seller may instead deliver your order to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. This definition of ‘nearby’ also extends to the order being delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.The customer will be notified of such delivery to a neighbour by delivery notice or via email.

If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance.The Seller will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.The Seller reserves the right to change your delivery date with prior notice. If we have left your products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.

Risk and title

Once the delivery is completed, (i.e. signed for by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the order will be with the customer. The Seller shall not be held liable for any damage, defect or loss, which may occur thereafter.You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. The Seller is not obliged to review the safe spot as to its general suitability.Refusal of the order does not negate the charge for the order. The Seller will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.

 

Delivery of the Goods shall be made to the Buyer’s address specified in the order. The Buyer is responsible for making suitable arrangements to receive the delivery and giving appropriate instructions. The Seller may leave the goods with a neighbour for later collection by the Buyer. In the event that the delivery is damaged whilst left with a neighbour, stolen from the Buyer’s doorstep or damaged while there, the Seller does not accept liability, and may offer compensation at their discretion. The Seller reserves the right to refuse to accept orders from any customer. Arrangements for delivery as specified by the Buyer may be grounds for such a refusal.

Patties and Ready Meals

To ensure patties and ready meal orders arrive fresh and in the best condition, we deliver orders by next day courier. Received orders are packed within 4 working days and delivered Tuesday to Friday. Food is packed in food safe polystyrene boxes with ice packs. Delivery can be made to any mainland UK address.

Cakes

Cakes are delivered within the M25 area by courier. Alternatively, arrangements can be made to pick up at one of our markets.

Delivery rates

Our standard delivery charge is £10. 

Delivery charges are for one delivery to any single mainland United Kingdom address in the case of patties and ready meals, and within the M25 area for cakes.In the event of an order not arriving, please contact Rummanco on 07939 090 331 or 020 8907 1462 at the earliest.

9. Defective Goods

We guarantee the quality of our Goods. You must inspect the Goods and notify us promptly, certainly within 24 hours, of any dissatisfaction with your order. Please call us on 07939 090 331 or 020 8907 1462 between 9am and 5pm or email enquiries@rummanco.co.uk We will promptly and fully refund the cost of any goods that do not meet with your reasonable satisfaction. We will not make any refunds for goods reported damaged or faulty if notification is received 24 hours after delivery.

10. Cancellation rights

Once an order is placed for patties or individual cakes you do not have the right to cancel the contract. If we accept cancellation of your order after delivery due to damage, we will aim to replace the gift basket and, if this is not acceptable, refund the cost of the product and the delivery charge paid. The Buyer is responsible for all costs incurred in connection with returning products to the Seller unless the reason for the return is that the product is faulty. We must receive notification via email or telephone that the goods are to be returned within 24 hours of their arrival and be received by the Seller no more than 48 hours thereafter.

11. Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

  1. Strikes, lock-outs or other industrial action;

  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  5. Impossibility of the use of public or private telecommunications networks; and

  6. The acts, decrees, legislation, regulations or restrictions of any government.

 

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Other than as set out above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.

12. Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

 

13. Availability and delivery

 

Deliveries will be made to addresses in Great Britain and Northern Ireland.Delivery will be completed when we, or our authorised courier company, deliver the products to the address you gave us. If no one is available at your address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that we, or the authorised courier company, considers safe.The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.The courier company may try to contact you by phone so that delivery can take place. The delivery driver will use the phone number associated with your account, which may also be printed on the delivery label.

The Seller’s obligation to deliver the order shall be fulfilled once the courier, delivers your order to a safe spot specified and is considered safe by the courier.If the personal handover of your order is not possible and no leave safe is available, The Seller may instead deliver your order to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. This definition of ‘nearby’ also extends to the order being delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.The customer will be notified of such delivery to a neighbour by delivery notice or via email.

If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance.

14. Risk and title

Once the delivery is completed, (i.e. signed for by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the order will be with the customer. The Seller shall not be held liable for any damage, defect or loss, which may occur thereafter.You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. The Seller is not obliged to review the safe spot as to its general suitability.Refusal of the order does not negate the charge for the order. The Seller will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.

The Seller will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.The Seller reserves the right to change your delivery date with prior notice. If we have left your products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer you a refund or other compensation at our complete discretion.

15 Changes to terms and conditions

The Seller shall be entitled to change these Terms and Conditions at any time.

16. Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

17. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights on our website whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us.

If you post comments about our products or services to any website, blog, social media network, and indeed off-line, you must ensure that such commentary represents your fairly-held opinions. Through your commentary about the Seller’s products or services on these platforms, you irrevocably authorise us to quote from your commentary on our website and in any advertising or social media outlets which we may create or contribute to.

 

 

18. Our products

The images of products on our website are for illustrative purposes only. Your product may differ slightly from that displayed on our website and food by its nature may vary in colour and size. 

You are responsible for opening and inspecting the products upon delivery and storing them correctly. You are also responsible for re-heating our products where necessary. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage or re-heating of our products.


19. Entire Agreement

 

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.Nothing in this clause limits or excludes any liability for fraud.