WEBSITE TERMS & CONDITIONS OF BUSINESS

1.         Introduction

 Products supplied from this web site are supplied by Drossa Limited, a company registered in England and Wales (Company Registration no. 05440340) whose Registered office address     is 12 Glenmere Avenue, London, NW7 2LU.  Drossa Limited ("we" or "us") supply the goods listed on our website www.drossa.co.uk ("Goods" or “Products”) on the following Terms and Conditions. You should understand that by accessing the site and/or ordering any of our Goods, you agree to be bound by these Terms and Conditions.   You should print a copy of these terms and conditions for future reference.   Should you refuse to accept our Terms and Conditions you will be unable to order any Goods and/or Products from our site.

 We reserve the right to amend or replace the Terms and Conditions at any time. If we make any substantial changes we will notify you by posting a prominent notice on our Site.

2. Application of Terms

 Unless we otherwise agree in writing prior to acceptance of your order, these Terms and Conditions are the only Conditions upon which we are prepared to supply the Goods to you.      These Conditions shall constitute the whole agreement between us and shall govern the contract between us ("Contract") to the entire exclusion of all other terms or conditions  (including your terms and conditions or those implied by trade, custom or practice).   We reserve the right to change, modify, substitute or remove products and/or alter information on this site as we deem necessary and without notice

3. Your Status

By placing an order through our site, you warrant that:  you are legally capable of entering into binding contracts;  you are at least 18 years old; you are resident in the UK or mainland Europe; and  you are accessing our site from the UK or mainland Europe.

4. Order Confirmation

All orders placed are subject to written order confirmation.  If you do not receive written confirmation of your order from us, then there is a possibility that your order has not been received.  Please contact us (by telephone and/or by e-mail)

5. Contract for Sale of Goods and/or Services              

(i)   Transmission of an e-mail from us to the purchaser confirming your order will be deemed to form a Contract.

(ii)  An order submitted to us by any Purchaser is deemed to be an offer to purchase products and/or services selected within the order itself.  Acceptance of that order occurs at the point in time where we transmit our order confirmation to the Purchaser.

(iii)     Only products and/or services ordered by a Purchaser and confirmed by us in our Order Confirmation shall be deemed to form part of any contract.

(iv)     Any products and/or services ordered by a Purchaser which are not confirmed by us in our Order Confirmation will not form a part of any Contract.

6. Availability

 All items are subject to availability

  All orders are subject to Drossa Limited’s order confirmation

 Should an ordered item be out of stock we will e-mail you with the option to either cancel your order, and/or substitute the item and/or advise you when Drossa Limited expects to fulfil your order in full and you may wish to wait for delivery.

7. Delivery

 Goods offered are for sale and despatch within mainland UK.  Customers from outside mainland UK please contact us via email or telephone. 

 Please note that we do not despatch orders outside the United Kingdom.

 Delivery charges are dependent upon your order.  The charge is shown after product(s) have been added to your shopping cart. 

Goods will be despatched subject to payment and to availability of stock.  Please allow 28 (twenty eight) days from date of order acceptance.  Usually orders will be despatched within 7 (seven) days of receipt; in the event that there may be a delay we will advise you of an estimated date of delivery by e-mail.  Orders are usually despatched Mondays thru to Thursdays, but not on Fridays, week-ends, or on Bank Holidays.

 If there is to be a delay in effecting delivery for any reason we will e-mail you. Our couriers will require a signature for all parcels - please ensure someone will be available to receive your order

Should an ordered item be out of stock we will e-mail you with the option to either cancel your order, and/or substitute the item and/or advise you when Drossa Limited expects to fulfil your order in full and you may wish to wait for delivery.

8.         Delivery Information

General

A signature will be required for receipt of all parcels.  Please ensure that someone will be available to receive your order. 

 In the event that you may not be available when delivery is effected we would recommend that you supply details of a neighbour who may be able to accept delivery in your  absence.  You can provide these additional details in the prompted box upon reaching checkout.

Delivery Details / Address - Please ensure that the following information is provided:

(a)  Post Code - A correct Postcode is essential

(b) A House Number - Please provide a house number.  If you have a house name please also note this on the details. Should the delivery address not have a number please provide other identifying factors to assist delivery personnel e.g. ‘opposite the fire gates of a school’; house with a red brick path and blue door

(c) Details of how to locate a rural and/or isolated delivery address.  In the event that a delivery address is difficult to locate (e.g. in a remote rural, coastal, mountain, lakeside or wooded area) and insufficient information has been provided to effect delivery we will not be held responsible for non-delivery of your parcel.  You will be charged for the contents of your order and the delivery charge.  Brief details on how to locate the delivery address from the nearest landmark (e.g. name of a nearby pub or village hall) would be appreciated   

(d) Contact Telephone Number - Please provide a contact telephone number for the recipient.

Non-Delivery

(a)     In the event that an incorrect postcode and/or address is supplied, we can not be held responsible for the non delivery of your parcel.  You will be charged for the contents of your order and for the delivery charge.

(b)     In the event that a delivery address is difficult to locate (e.g. in a remote rural, coastal, mountain, lakeside or wooded area) and insufficient information has been provided to effect delivery we will not be held responsible for non-delivery of your parcel.  You will be charged for the contents of your order and the delivery charge.

(c)     In the event that no one is present to accept your order -

9. Delivery Charges

(i)        Mainland UK

Delivery charges will be levied on all orders.  For orders within mainland UK the amount can be viewed when you proceed to checkout.

 (ii)     Other UK Areas    

Orders to the Channel Islands, Isle of Man, Isle of Wight, Scottish Highlands and Islands, Northern Ireland and the Scilly Isles please contact us for an indication of delivery charges before placing your order.

 (iii)       Surcharges

Please ensure that all the information supplied (including postcodes) is correct, as we reserve the right to pass on increased delivery charges where incorrect information has been submitted which has resulted in surcharges being incurred by Drossa Limited. Please double check inputting of e-mail address, addressee name, postal address, postcodes and delivery contact details

10.Cancellation and Returns Policy

(i) Cancellation

Unfortunately we cannot cancel your order once you have submitted it to us. Please be certain that you wish to complete the order before submitting your payment details.

(ii) You may cancel your order up to 7 working days after delivery by sending us an e-mail, providing reasons for your cancellation, and by returning the goods to us in a condition fit for resale.  Cancelled goods should reach us no later than ten working days following receipt of your order and should be returned to us at your own cost and risk.  You should obtain proof of despatch of the goods returned to us and you will also be responsible for any risk for loss and/or damage in transit and we would recommend that you have sufficient insurance to cover the full value of the goods.  We will refund your order payment, excluding any delivery charges within 30 days.   Please include a letter advising Drossa Limited for the reason you are returning the item(s). 

(ii)  Returns Address - Returns to be sent to:Drossa Limited, 12 Glenmere Avenue, London NW7 2LU

11.Loss and/or Damage to Goods Delivered

In the unlikely event that goods delivered to you are damaged then we would request that you kindly contact us immediately following receipt of your order and certainly no later than 24 hours from receipt, advising us of the problem, the item(s) damaged, the nature of loss and/or damage etc.   We will endeavour to despatch a replacement to you within seven working days.

12.Jurisdiction

Our Terms and Conditions of Business and all disclaimers and other material on our website shall be governed by and construed in accordance with the laws of England and any disputes which may arise will be subject to the exclusive jurisdiction of the English courts.

13. Privacy Policy

(i)   Drossa Limited is committed to protecting a client’s personal information.  We do not sell, distribute or give out any of our customer’s information.  Any personal information collected about our customers is done so in accordance with the Data Protection Act 1998.  Information is collected so that we may process your orders and to provide the best possible service. 

(ii)  By registering on this site you consent to the collection, storage, use and transfer of your information under the terms of our Privacy Policy.

(iii)  We collect information about you:  when you register on this site, request our services and/or provide us with your  personal details (for example your name, contact details, e-mail address etc.); and  from your usage of the site, from any other information you may post on the site, e-mail and/or otherwise send to us.

(iv)  We use the information you supply to:

enable us to supply you with the goods, services and/or information you have requested;

analyse the information received so that we may administer, support and improve and develop our business and the services we offer;

contact you in order to provide you with details of our goods and services which may be of interest to you

provide you with access to certain parts of our site

contact you for your views on our products and services

(v)   We do NOT take, note, hold any information pertaining to your electronic Payment Details.  When you are ready to “Checkout” you will be directed to a secure site operated through PROTX.  Please refer to “Payment Details”

(vi)  Contacting you:-   We may contact you by e-mail, telephone or by post.  Should you decide that you do not wish to be contacted in the future by any one or all of these means then please let us know.  We will treat as confidential any information you may provide to us.  We may, however,  disclose your information to other third parties who act for us for purposes set out in the Policy or for purposes approved by you.   Should our business enter into a joint venture and/or is sold to and/or is merged with another business entity, your information may be disclosed to our new business partners and/or owners.

14. Use of Cookies

Cookies are only used on this site to keep track of the contents of your shopping cart.  The settings in your browser may be modified to accept or decline cookies.  Please note, however, that if cookies are disabled you may not be able to use all of the shopping features of this site.

15. VAT (Value Added Tax)

Prices shown are inclusive of any VAT which may be applicable.   Drossa Limited’s VAT Registration  No. 881 9301 09

16.Prices

(i)             All prices are subject to order confirmation and are believed to be correct at the time of order placement. 

(ii)           Prices are inclusive of any VAT which may be applicable

(iii)          Prices shown are exclusive of delivery costs.   Delivery costs will be added to your total amount due at checkout.

(iv)         If for any reason a  product and/or service is found to be be incorrectly priced, we will do as follows:

If the product’s price is lower than that advertised on the website, the product will be sold to the purchaser at the lower price. 

 If the product’s price is higher than that advertised on the website, the purchaser shall have the option of purchasing the product at the higher price or shall have the option of rejecting the same and/or

 If the product’s price is higher than that advertised on the website, we may at our own discretion sell the product to the purchaser at the lower price

17. Links

The Site contains links to websites operated by third parties ("Third Party Websites"). Drossa Limited does not control Third Party Websites, and are not responsible for their content. The inclusion of any such links does not imply any endorsement or approval of any products, information, materials or services offered or provided on Third Party Websites, or any association with their operators.

18.Computer Viruses

Drossa Limited make no guarantees that the Site and/or any Third Party Websites to which a link may be included, are free from any so called computer viruses.  Drossa Limited strongly recommended that users and/or visitors check for such viruses before downloading the Site or any of its contents

19. Liability

Drossa Limited accept no liability for any claims, penalties, loss, damage or expenses direct and/or indirect and/or consequential howsoever arising from: any reliance placed on the content of the Site; the use or inability to use the Site; the downloading of any materials from the Site; and/or any unauthorised access to and/or alteration to the Site.

20. Intellectual Property

The content of the Site (including, but not limited to all text and artwork) is protected by copyright. The copyright is owned by Drossa Limited and/or is otherwise licensed from a third party for use by us.

"Drossa" branded goods is a registered trade mark of  Drossa Fine Foods BV, Utrecht, The Netherlands (see: www.drossa.com) You may view or download any part of the Site for private purposes, but you are not permitted, without our permission, to:

(i)                   store the Site, or any part of the Site, for any other purpose;

(ii)                 print copies of the Site, or any part of the Site, for any other purpose;

(iii)                reproduce, copy or transmit the Site, or any part of the Site, in any way, for any other purpose or in any other medium.

All other rights which are not specifically granted are reserved.

 21. Trade Marks

Drossa Limited is a name Registered under the Companies Act in England & Wales.  . In addition, certain names, words, titles, phrases, logos, icons, graphics or designs to the pages of this Website may constitute trade names or unregistered trade marks of Drossa Limited.  The display of any of the above trade names or trade marks on pages at this Website does not imply that any licence has been granted to you or to any third party in respect of the same. All other product or company names and devices, logos, icons, graphics or designs referred to on the web pages of this Website are the trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and Drossa Limited intends no infringement of such trade marks. The appearance or absence of product, services, companies, organisations, home pages or other websites on this Website does not imply any endorsement or non-endorsement thereof by Drossa Limited. All rights not expressly granted herein are reserved by Drossa Limited.

22. Service Access

Whilst it is the aim of Drossa Limited that the Site will normally be available 24 hours a day, Drossa Limited shall not be liable if for any reason the Site is unavailable at any time or for any period.  Access to the Site may be suspended temporarily and without notice in the case of system failure, and/or maintenance and/or repair and/or updating and/or for reasons beyond our control. 

23.Consumer Rights

If you are contracting as a consumer, you may cancel your order up to 7 working days after delivery by sending us an e-mail, providing reasons for your cancellation, and by returning the goods to us in a condition fit for resale.   In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in paragraph 10 above). To cancel a Contract, you must inform us in writing and return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. These rights do not, however, apply to the supply of food, beverages, or other goods intended for everyday consumption. Cancelled goods should reach us no later than ten working days following receipt of your order.  You should obtain proof of despatch of the goods returned to us and you will also be responsible for any risk for loss and/or damage in transit and we would recommend that you have sufficient insurance to cover the full value of the goods.  We will refund your order payment, excluding any delivery charges within 30 days.   Please include a letter advising Drossa Limited for the reason you are returning the item.

24 Non-Delivery

The quantity of any consignment of Goods as recorded by us upon despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

We shall not be liable for any non-delivery of items (even if caused by our  negligence) unless written notice is given to us within 24 hours of delivery of the goods

 Any liability we have for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time and/or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

 25  Risk & Title

 The Goods will be at your risk from the time of delivery.   Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges. 

26 Refunds Policy

When you return Goods to us (for instance, because you have cancelled the Contract between us in accordance with Condition 10 or because you claim that the Goods are defective under Condition 11), we will examine the returned Goods and will notify you of any refund via e-mail within 21 days of receipt of the returned goods.  We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for the returned cancelled order and/or returned faulty Goods.

Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

 Goods returned by you within the seven-day cooling-off period (see Condition 10 above) will be refunded in full, excluding the cost of sending the item to you.  You will also be responsible for the cost of returning the item to us. 

Costs incurred in arranging to refund a customer for a Cancelled order will normally be for the account of Drossa Limited.

27 Warranty

Except as expressly stated in the Contract all warranties and conditions whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

28Our Liability

 We warrant to you that any Goods purchased from us through our site are of satisfactory quality.

 Neither party excludes or limits its liability to the other party for death or personal injury caused by any negligent act or omission, or wilful misconduct or breach of duty of such party.

 We shall, in no circumstances, be liable to you in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):

(a)  indirect or consequential loss or damage;

(b) loss of business profits, salary, business revenue, goodwill, or anticipated savings; or

(c) loss which could have been avoided by you through reasonable conduct.

In the event that, notwithstanding any of these Conditions, we are found liable to you, such liability for actual damages for any cause whatsoever shall be limited to the price paid by you to us in relation to provision of the Goods. 

29 Events Beyond Our Control/ Force Majeure

We will not be held liable or responsible for any failure and/or any delay in the performance of any of our obligations under a Contract that is caused by events beyond our reasonable control ("Force Majeure"). 

We reserve the right to defer the date of delivery and/or to cancel the Contract and/or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in carrying on our business by acts, events, omissions or accidents beyond our reasonable control including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for 30 days, you shall be entitled to give notice in writing to us to terminate the Contract 

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

30 Your Rights

You have the right to ask for a copy of the information held by us in our records in return for which we may charge a small fee. You also have the right to require us to correct any inaccuracies in your information.

Disclaimer

Drossa Limited does not represent or warrant that the information contained on this site is complete or free from error, and we expressly disclaim and do not assume any liability to any person and/or organisation for any loss or damage whatsoever caused by errors or omissions in the data presented and/or the software, whether such errors or omissions result from negligence, accident, quality, performance of the software, or any other cause