“Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
“Seller” means The CheeseWorks Ltd. “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.
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.
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. The nature of the Seller business is such that sometimes goods may not be available due to factors beyond the Seller’s control. Where the Goods ordered by the Buyer are not available the Seller reserves the right to substitute similar goods to and equivalent or greater value.
4. Price and payment
The price of the goods shall be that stipulated on the website. The weight of the goods on the website is indicative only. Many of the goods are handmade and as such weights and sizes may vary. Prices are inclusive of VAT where applicable. VAT receipts are available on request. Our VAT No. is 226 5055 23.. The Price does NOT include delivery charges.
Goods may vary in appearance from the images on the website. Images are for indicative purposes only
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. Age of consent
You must be 16 years old to order from our website.
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.
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. 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 cannot be held liable for any deterioration of perishable goods in the event of non-delivery. In the event that the delivery is stolen from the Buyer’s doorstep or damaged while there, the Seller does not accept liability, and will offer compensation at their discretion. The seller reserves the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.
10. Defective Goods
You must inspect the goods and notify us within 24 hours of any dissatisfaction with your order.
11. Cancellation rights
In respect of non-perishable items, you have the right to cancel the contract up to 7 working days following the delivery of the goods by notifying us by telephone or e-mail. In the case of perishable items you do not have the right to cancel the contract. Non-perishable goods must to be returned at the Buyer’s expense to the Seller within 7 working days. The Seller will credit the Buyer’s payment card with the price of the returned goods less £10 cost for administration.
12. Service Availability
All services are subject to availability and we may require 7 days notice or more to fulfil some of our services depending on product and resource availability.
13. Warranty and liability
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, neither will any of these terms restrict any of your statutory rights.
In addition to clause 8 above, we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war. 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.
14. Changes to terms and conditions
The Seller shall be entitled to change these Terms and Conditions at any time.
15. 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.
Personal information entered is for CheeseWorks use only and will not be passed to any third party.
17. Treatment of Staff
Staff shall be treated appropriately and we reserve the right not to offer services if it is deemed that staff are being treated inappropriately.