CONSUMER TERMS & CONDITIONS
ABOUT THESE TERMS
These are the terms and conditions (the “Terms”) on which we supply goods to you (the “Products”).
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 other important information. If you think that there is a mistake in these terms, please contact us to discuss.
These terms and conditions are for our consumer customers only. If you are buying goods from us and you are a business customer please switch to our Business T&C’s
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
INFORMATION ABOUT US AND HOW TO CONTACT US
We operate the website www.now-coffee.co.uk. We are Now Coffee Ltd. We are registered in England and Wales under company number 9492814. Our registered office is at Unit 18 Sefton Business Park, Olympic Way, Aintree, Liverpool Merseyside L30 1RD. Our registered VAT number is GB 212 2329 58.
You can contact us by telephoning our customer service team at 07770 654555, email to firstname.lastname@example.org, contact us here or by writing to us at Now Coffee – Unit 18 Sefton Business Park, Olympic Way, Aintree, Liverpool Merseyside L30 1RD.
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.
USE OF OUR WEBSITE
Your use of our website is governed by our Terms of Website use Please take the time to read these, as they include important terms which apply to you.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our shopping pages will guide you through the steps you need to take to place an order with us. 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.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
We will confirm our acceptance to you by sending you an e-mail that confirms your order has been accepted and has been despatched. Once we send this order acceptance and despatch email, a binding contract will be formed between us (the “Contract”).
If we cannot accept your order
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 we cannot meet your requested delivery date or because of an error in the price on our website as referred to below, we will inform you of this by e-mail and we will not process your order. If you have already paid for a Product that we are unable to supply, we will refund you the full amount including any delivery costs charged as soon as possible.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product.
By way of example only, this might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK.
Our website is solely for the promotion of our products in mainland England, Scotland and Wales. Unfortunately, we do not deliver to addresses outside of mainland England, Scotland and Wales.
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 may vary slightly from those images.
Products packaging may vary
The packaging of the Products may vary from that shown in images on our website.
Use by dates
We have a minimum 28 day use by /sell by policy which means that no Product will be shipped for delivery which has less than 28 days to expiry.
PRICE & PAYMENT
Where to find the price for the Product
All prices are in pounds sterling, exclude delivery charges and VAT where stated. The complete price for goods ordered including VAT and delivery charges will be clearly displayed prior to final checkout.
We use our best efforts to ensure that the price of the Product advised to you is correct. However please see below for what happens if we discover an error in the price of the Product you order.
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.
What happens if we got the price wrong?
The prices of the Products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but changes will not affect any order we have already accepted.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process and displayed on our website, before you confirm your order.
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.
How to pay
We accept payment with MasterCard and Visa. Also Checkout with PayPal is coming soon..
You must pay for all Products before we dispatch them. We will not charge your Credit or Debit Card or PayPal account until we dispatch the products to you.
We can charge interest if you pay late
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
The costs of delivery will be as displayed to you on our website and are based on the total price of all the Products ordered.
When we will provide the Products
During the order process we will let you know via email when we will provide the Products to you.
We will deliver your Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
We aim to deliver orders placed before 12am the next day if placed Monday-Thursday (excluding bank holidays). If orders are placed before 12am on a Friday then we will aim to deliver these on the next Monday (excluding bank holidays). If orders are placed after 12am on a Friday, on a Saturday or Sunday, we will aim to deliver these on the next Tuesday (excluding bank holidays).
In the event that we are out of stock of a particular Product, we will call and agree the best options to allow us to send your complete order to you as soon possible.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED
If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will attempt to deliver your Products to a neighbour. If we leave your Products with a neighbour we will place a delivery card through your door to confirm this. If you would like your Products leaving in an alternative location please let us know at the time of ordering.
If we are unable to deliver your Products we will leave you a note informing you that delivery will be attempted again (usually on the next working day).
If following our second attempt at delivery we have still been unable to deliver your Products we will leave a note informing you of how to rearrange delivery or collect the Products from a local depot.
If you do not re-arrange delivery
If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you compensation as set out below.
Responsibility for the goods
The goods will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collect it from us.
YOUR LEGAL RIGHTS IF WE DELIVER GOODS LATE
You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
We may need certain information from you so that we can supply the Products to you, for example, delivery address, contact name, telephone number and email address. If so, this will have been stated in the description of the Products on our website.
We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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 including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and for defective Products under the Consumer Protection Act 1987
We are not liable for business losses
We only 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.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order for the Products 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 as set out below.