1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you and the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
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 products to you, how you and we may change or end the contract, what to do if there is a problem and our views and practices regarding your personal data and how we will treat it. By visiting www.cooking-bags.com you are accepting and consenting to the practices contained in these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Terinex Limited a company registered in England and Wales under company number 04937132 and our registered office is at Unit 1-4 Oxford Industrial Park, Mead Road Yarnton, Kidlington, Oxfordshire OX5 1QU. Our registered VAT number is 916348514
2.2 How to contact us. You can contact us by telephoning our customer service team at 01234 364411or by writing to us at firstname.lastname@example.org
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. We will provide you with an order number when we accept your order.
4. OUR PRODUCTS
4.1 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 and packaging of the product may vary slightly from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product 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 product, the timing of supply 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with clause 8.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
We will notify you in writing if we make any significant changes to the products you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be shown when placing an order.
7.2 When we will provide the products. We will post the products to you via second class post and in any event within 30 days of the contract being made.
7.3 If products are undeliverable. If products are returned to us after numerous delivery attempts, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
7.4 When you become responsible for and own the goods. You own a product once we have received payment in full and cleared funds. We will not be responsible for a product not being received due to incorrect information provided to us in relation to the delivery address.
7.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.6 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month, we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
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 and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or a full or partial refund), see clause 10;
(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 have just changed your mind about the product, 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 and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
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 products 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 product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
(e) 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. You have a legal right to change your mind within 14 days after the day of receiving the products and receive a refund. If the products are being sent to you in multiple deliveries, you will have 14 days after the day the last delivery is received.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) We have manufactured a product to your specifications;
(b) The cost of a transaction being less than £42.00;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) any products which become mixed inseparably with other items after their delivery.
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Should you wish to end the contract for any other reason, please contact us. The contract will end immediately and may result in reasonable compensation for the net costs we will incur as a result of you ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services or email us, the details of which can be found at clause 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact our customer services team via the number of email address found at clause 2.2.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. This means that the products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product 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 repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
10.3 Your obligation to return products after ending the contract or rejecting products. If you wish to exercise your legal rights to reject products or you end the contract for any reason after the products have been dispatched to you, you must return them to us by posting them to Terinex Ltd Elms Estate , Hammond Road, Bedford , MK41 0ND. If you are exercising your right to change your mind you must send the products to us within 14 days of telling us you wish to end the contract.
10.4 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.5 How we will refund you. We will refund you the price you paid for the products including delivery costs due, by the method you used for payment.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (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 product advised to you is correct.
11.2 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 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 goods provided to you.
11.4 When you must pay and how you must pay. We accept payment through Paypal at the time an order is made.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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.
12.2 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, as summarised at clause 10.1; and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. We primarily supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. INFORMATION WE COLLECT FROM YOU
13.1 We will collect and process the following data about you:
• Information you give us. This is information about you that give us by filling in forms on our site or by correspondence with us by e-mail or otherwise. It includes information you provide when you use our site, search for a product or place an order on our site and report a problem with our site. The information you give us may include your name, address, e-mail address and phone number.
13.2 Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
• Technical information, including the internet protocol (IP) address used to connect your computer to the internet, browser type and version, time zone setting and browser plug-in types and versions;
• Information about your visit, including clickstream to , through and from our site (including date and time), products you have viewed or searched for, page response times and any phone number used to call our customer service number.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide. You may unsubscribe from this service at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. WHERE WE STORE YOUR PERSONAL DATA.
15.1 All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect you personal data, we cannot guarantee the security of your data transmitted to our site. We will use strict procedure and security features to try to prevent unauthorised access.
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 contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for products 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.
16.3 Nobody third parties have any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If part of this contract is found to be 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 provide the products, we can still require you to make the payment at a later date.
16.6 Changes to these terms. We reserve the right to make changes to these terms and conditions from time to time.
16.7 Governing law and Jurisdiction. These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the courts of England and Wales.
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