Please read these terms and conditions carefully and make sure you understand them before ordering any Products & Services from the website as they contain important information about the Customer's rights and obligations. These terms will apply to any contract between us for the sale of the Products & Services. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 13. Every time you wish to order Products & Services, please check these Terms to ensure you understand the terms which will apply at that time.
TERMS & CONDITIONS CONTENTS
We operate the website www.forcooks.co.uk. We are For Cooks U.K. Ltd., a company registered in England and Wales under company number 8816478 and with our registered office at at Park House, Windlestone Park, Ferryhill, County Durham, DL17 0NF.
Our main trading address is located at 7-8 Burdon Drive, North West Industrial Estate, Peterlee, Co. Durham, SR8 2JH.
"the Customer" means the person using the website and/or registering on the website and/or purchasing the Products & Services from the website;
"The Products & Services" means the items sold on the website that may be purchased by the Customer from For Cooks U.K. Ltd. under these Terms namely the sale of tableware, clothing and kitchen equipment;
"the website" means the website of For Cooks U.K. Ltd at www.forcooks.co.uk
1.2 Please read these Terms carefully before using the website, the Customer's attention is drawn to clause 10 of these terms and conditions. By accessing and making use of the website the Customer agrees to be legally bound by these Terms as they may be modified and posted on the website from time to time. These Terms take effect from the date when the Customer first accesses the website.
1.3 If the Customer does not wish to be bound by these Terms in full then he/she may not use the website or order the Products & Services.
2. NATURE OF THE WEBSITE
2.1 The website is a place for the Customer to obtain information about For Cooks U.K. Ltd. and the Products & Services it provides.
2.2 The website is only available to persons that can form legally binding contracts under applicable law.
2.3. If you are a consumer, you may only purchase Products from the website if you are at least 18 years old.
2.4. Certain Products on the website can only be purchased if you satisfy the legal age requirement for that Product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through the website. These Products include knives and blades, which we are prohibited from selling to people under the age of 18 years.
3. PURCHASING THE PRODUCTS & SERVICES FROM THE WEBSITE
3.1 To order the Products & Services the Customer will need to follow the ordering procedures set out here. Details of prices are set out on the website and the procedures for the payment and delivery are set out below. 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.
3.2 Any times or dates stated on our website or the Order Confirmation for delivery of the Products are estimates only. For Cooks U.K. Ltd. will make reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time and time shall not be of the essence for the purposes of these Terms.
3.3 Delivery of the Products will be completed when we deliver the Products to (i) the address the Customer gave us or (ii) the local access point (where the Customer has elected to have the Products delivered to a local access point to allow them to collect the Products).
3.4 The Products will be your responsibility from the completion of the delivery.
3.5 You own the Products once we have received payment in full, including all applicable delivery charges.
3.6 The Customer must pay by credit or debit card or the designated payment options offered on the website at the time of the order. The prices of the Products & Services are the prices in force at the date and time of the order. For Cooks U.K. Ltd. may change the prices of the Products & Services before you place an order. The prices of the Products includes VAT (where applicable) but do not include delivery charges. Our delivery charges are as quoted on our website from time to time.
3.7 For Cooks U.K. Ltd. is entitled to refuse any order placed by you.
3.8 We will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your order of the Products ("Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation.
3.9 Subject to clause 4.15 below, if we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 3.10, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
3.10 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 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.
3.11 The Customer undertakes that all details provided to For Cooks U.K. Ltd. for the purpose of purchasing the Products & Services will be correct, that the credit or debit card used is the Customer's own and that there are sufficient funds or credit facilities to cover the cost of the purchase. For Cooks U.K. Ltd. reserves the right to obtain validation of the Customer's credit or debit card details before providing the Products & Services.
3.12 Customers who make a purchase on the website without prior contact and require delivery to an address outside the U.K mainland will have their orders held until the actual carriage charge is calculated and the Customer settles the balance due on the carriage charge.
4. ORDERS / RETURNS / REFUNDS
4.1 Returns and Refunds are considered on individual circumstance of the original order placed. There is no charge made on changes to orders placed but there will be a £5.00 administration charge on cancelled orders after the Products have been despatched.
4.2. If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 4.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
4.3 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products.
4.4 Your legal right to cancel a contract starts from the date of the Order Confirmation, which is when the contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. Returns of Products will only be accepted if the Products are returned in their original packaging and in a saleable condition.
4.5 To cancel a contract you may complete the cancellation form on our website. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may contact us in writing to inform us of the cancellation by sending an e-mail to email@example.com or by sending a letter to 7-8 Burdon Drive, North West Industrial Estate, Peterlee, Co. Durham, SR8 2JH to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. Where goods are damaged a picture of the damaged goods should be provided to us at the point of notification.
4.6 Subject to clause 4.9(b) you will receive a refund of the price you paid for the Products and any applicable delivery charges you paid for. The maximum refund in respect to delivery charges 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 delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will process the refund due to you as soon as possible and, in any case 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;
(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 in accordance with clause 4.5.
If you returned the Products to us because they were faulty or mis-described, please see clause 4.7.
4.7 If you have returned the Products to us under this clause 4 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable cost you incur in returning the item to us. Where goods are damaged a picture of the damaged goods should be provided to us at the point of notification.
4.8 We will refund you on the credit card or debit card used by you to pay for the Products & Services.
4.9 If the Products were delivered to you:
(a) you must return the Products 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. Please see our Returns page for our returns address, printable returns labels and information about our authorised carrier and how to arrange a return. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described (in this case, see clause 4.7) or where we provide you with Substitute Products, you will be responsible for the cost of returning the Products to us or, where relevant, the direct cost of us or our courier collecting the Products from you and we shall deduct this cost of collection from the refund we pay you pursuant to clause 4.6. We estimate that the cost of collecting the Products from you will be £4.95;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. 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.
4.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
4.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 4 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
4.12 Any complaints should be directed to For Cooks U.K. Ltd. via email at firstname.lastname@example.org.
4.13 From time to time there may be a slight difference in colour, shading or specification due to manufacturer's production or failure of notification of specification modification therefore we cannot guarantee exact colour matches of their images, or that all specification details are totally accurate of products on sale on the website and we will not accept claims for refunds on this basis. 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.
4.14 All Products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4.15 Where the Products under an order are unavailable we may provide you with substitute products of "equivalent quality and price" and we will contact you where we propose to provide you with such products ("Substitute Product").
5. MODIFICATIONS TO THE WEBSITE
5.1 For Cooks U.K. Ltd. reserves the right to make changes or corrections, alter or suspend or discontinue any aspect of the website or the content or goods and services available through it, including the Customers access to it.
5.2 Please note that although For Cooks U.K. Ltd. tries to ensure that the content of the website is accurate it may contain typographical errors or other inaccuracies.
6. INFORMATION PROVIDED BY THE CUSTOMER TO FOR COOKS U.K. LTD.
6.3 The Customer warrants and undertakes that it will not use the website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If the Customer breaches these terms and conditions then permission to use the website terminates immediately without the necessity of any notice being given. For Cooks U.K. Ltd. retains the right to deny access to any person who fails to comply with these terms and conditions.
The Customer is solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification or other information relating to the Customer's order of the Products & Services that may be given to the Customer by For Cooks U.K. Ltd. The Customer may not share such information or transfer such information to any third parties. The Customer must notify For Cooks U.K. Ltd. immediately if he/she becomes aware of any breach of security regarding the website.
8. APPLICABILITY OF ONLINE MATERIALS
8.1 Unless otherwise specified all content and materials published on the website including but not limited to all the designs, photos, graphics and images contained on the website (the "Content") are presented solely for the Customer's private, personal and non-commercial use.
8.2 The website is controlled and operated by For Cooks U.K. Ltd. from various offices in England, with the principal point of contact being email@example.com. Where content published on the website is supplied by third parties, the Customer must understand that For Cooks U.K. Ltd. does not control or endorse such content in any way. Any content which is offered by third parties is published in good faith but For Cooks U.K. Ltd. does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. The Customer assumes total responsibility and risk for use of the website and use of all information contained within it.
8.3 For Cooks U.K. Ltd. has used its reasonable endeavours to ensure that the website complies with UK laws. However, For Cooks U.K. Ltd. makes no representations that the materials on the website are appropriate or available for use in locations outside the UK. Those who visit the website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of the website and/or viewing of it, or use of any material or content in the website or services, or products offered through the website are contrary to or infringe any applicable law in the Customer's jurisdiction(s), the Customer is not authorised to view or use the website and must leave the website immediately.
8.4 For Cooks U.K. Ltd. makes no representations and gives no warranties, express or implied that making the Products & Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Products & Services available in your jurisdiction or to the Customer is prohibited, the Products & Services are not offered for sale to those Customers. The Customer accepts that if you are resident outside the UK, the Customer must satisfy themselves that they are lawfully able to purchase the Products & Services and view the Content, accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products & Services or viewing of the Content by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. COPYRIGHT AND MONITORING
The contents of the website, including all rights vested in For Cooks U.K. Ltd. and For Cooks name and logo, and the Content are protected by international copyright laws and other intellectual property rights. The owner of these rights is For Cooks U.K. Ltd., its affiliates or other third party licensors or contributors including Partner Companies. All products and logos mentioned in the website are the trade marks, service marks or trading names of their respective owners, including For Cooks U.K. Ltd. The Customer may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the website or contained in the Content including but not limited to designs, photos, graphics, images, text, graphics, video, messages, code and/or software without For Cooks U.K. Ltd. prior written consent, except where expressly invited to do so.
10. LINKED SITES
For Cooks U.K. Ltd. makes no representations whatsoever about any other websites which the Customer may access through the website or which may link to the website. When accessing any other website the Customer understands that it is independent from For Cooks U.K. Ltd. and that it has no control over the content or availability of that other website. In addition, a link to any other website does not mean that For Cooks U.K. Ltd. endorses or accepts any responsibility for the content, or the use of, such a website and For Cooks U.K. Ltd. shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. AVAILABILITY OF THE WEBSITE
For Cooks U.K. Ltd. will try to make the website available but cannot guarantee that the website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. The Customer must not attempt to interfere with the proper working of the website and, in particular, must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
12.1 For Cooks U.K. Ltd. promises that for any Products & Services purchased by the Customer from the website:
For Cooks U.K. Ltd. has the right to sell the Products & Services to the Customer; it will correspond to the description given to the Customer; and it will be of satisfactory quality;
For Cooks U.K. Ltd. will use its reasonable endeavours to ensure that all materials and information published on the website are accurate, but please note that all content materials and information on the website are provided on an 'as is' basis and the Customer assumes total responsibility and risk for use of the website and use of all information contained within it.
12.2 Subject to clause 12.3 and clause 12.5, For Cooks U.K. Ltd. accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where the Customer suffers loss or damage arising out of or in connection with the viewing, use of, performance of the website or its contents, subject to clause 12.3, For Cooks U.K. Ltd. accepts no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of For Cooks U.K. Ltd. or its servants, agents or any other person or entity.
12.3 Any limitation on liability does not apply to any liability For Cooks U.K. Ltd. may have for death or personal injury resulting from its negligence or for fraudulent misrepresentation.
12.4 The Customer is responsible for ensuring that his/her computer system meets all relevant technical specifications necessary to use the website. The Customer is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy his/her particular requirements.
12.5 The limitations and exclusions in this clause do not affect the Customer's non-excludable statutory rights and only apply to the extent permitted by applicable law.
13. AMENDING THE TERMS
13.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
13.2 Every time you order Products from us, the Terms in force at that time will apply to the contract between you and us.
14.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to 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.
15.1 For Cooks U.K. Ltd. may, but the Customer may not, assign, transfer or subcontract any or all of its rights and obligations under these terms and conditions at any time. Any purported assignment, transfer or subcontracting in contravention of this clause by the Customer shall be ineffective. These terms and conditions are personal to the Customer and are entered into for the benefit of the Customer and not for the benefit of any third party.
15.2 For Cooks U.K. Ltd. may alter these terms and conditions from time to time and post the new version on the website, following which all use of the website and the Customer's ordering of Products & Services will be governed by that version. The Customer must check the terms and conditions on the website regularly. For Cooks U.K. Ltd. does not need to give notice of any change to these terms and conditions and the Customer's continued use of the website shall be deemed to be acceptance of any changes that have been made.
15.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. The remaining paragraphs will remain in full force and effect. Each of the paragraphs of these Terms operates separately.
15.5 These terms and conditions and use of the website and any non-contractual obligations arising out of or in connection with them are governed by English law and the exclusive jurisdiction of the courts of England and Wales.
15.6 Except in respect of a payment obligation, neither the Customer nor For Cooks U.K. Ltd. will be held liable for any failure to perform any obligation to the other due to causes or events beyond the Customer or For Cooks U.K. Ltd.'s respective reasonable control.
15.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
15.8 These terms and conditions do not confer any rights on any person or party (other than the Customer and/or For Cooks U.K. Ltd.) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.1 All notices shall be given:
To For Cooks U.K. Ltd. via e-mail at firstname.lastname@example.org
To the Customer at either the e-mail or postal address provided during the order process.
16.2 All notices shall, except where otherwise specifically provided, be in writing in the English language and may be:
sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt);
if within the United Kingdom, sent by first class pre-paid post, in which case it shall be deemed to have been given 3 days after the date of posting; or if from or to any place outside the United Kingdom, sent by pre-paid priority airmail, in which case it shall be deemed to have been given seven Business Days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of the website.
Please click on the button marked "I Accept" at the end of these Terms to confirm that you accept the Terms and are over the minimum age to order the Products as set out in clause 2 above. If you refuse to accept these Terms, you will not be able to order any Products & Services from our website.
Copyright © ForCooks 2014
ForCooks Limited. Registered office 7-8 Burdon Drive, North West Industrial Estate, Peterlee, Co. Durham SR8 2JH, Registered in England.
Company registration number 9876543VAT no. GB123456789