terms & conditions

Online Terms And Conditions Between A Business And Consumer

These terms and conditions form the basis on which you can visit us and our website.  Please read them carefully as they contain important information.

General Terms & Conditions

This site is owned and operated by Andrew Bryant trading as The Box Of Cheese (“Company”) (www.theboxofcheese.co.uk)

We welcome customer feedback and are always grateful for your comments.

If you have any queries about these terms and conditions, or if you have any comments or complaints on or about our website, please feel free to contact us at hello@theboxofcheese.co.uk or 07840288529.

 

The contract between us

We must receive payment of the whole of the price for the goods that you Order (“Order”) before your Order can be accepted.  Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when we email you to confirm the Order.  Our acceptance of your Order brings into existence a legally binding contract between us.

 

Ownership of rights

All rights, including copyright, in this website are owned by or licensed to the Company.  Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission.  You may not modify, distribute or repost anything on this website for any purpose.

Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described.  However, Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.  Any weights, dimensions and capacities given about the goods are approximate only.

Damage to your computer

We try to ensure that this website is free from viruses or defects.  However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that your antivirus software and spyware software is up to date and that you have the right equipment available to use the website.  We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Availability

All Orders are subject to acceptance and availability.  If any of the items you have ordered are not in stock, we will contact you by e-mail or phone.  You will have the option either to wait until the unavailable item is in stock or to accept a replacement of the same or greater value, or cancel the unavailable item from your Order.  The remainder of your Order will be processed and delivered.

Order errors

You are able to correct errors on your Order up to the point on which you click on “submit” during the ordering process.

Price

The prices payable for your Order are as set out in our website.  All prices are inclusive of VAT at the current rates where applicable and are correct at the time of entering information.

Wherever it is not possible to accept your Order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

Payment terms

You can place an order on our website. We accept payment via most credit and debit cards on our website.  Payment is taken through Wix Payments on this website, and is collected by Nat West Bank.  We accept no liability if a delivery is delayed because you did not give us the correct payment details.  If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you.  This does not affect any other rights we may have.

We take your security very seriously and the purchase area of our site is secured using industry standard Secure Socket Layer technology to allow for encryption of your credit card details.

It is a crime to purchase or attempt to purchase goods with a stolen credit card or with stolen personal details or with a false name. We will take appropriate action if we discover any person is attempting to fraudulently purchase goods from our website.  We reserve the right to withhold goods and terminate any account details with anybody who we suspect of fraudulent practice and / or breach of these terms and conditions.

Delivery charges

We will deliver directly, free of charge, to selected SO postcodes.  Otherwise, a delivery charge will apply for UK delivery by a third-party delivery service (DHL).  Please note that there are incremental charges for delivery to the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.  Our delivery charges are set out on the delivery information page in our website.  For all other delivery queries, including international deliveries, please contact us for a quote prior to ordering.

We cannot deliver overseas or to BFPO.

Delivery

To ensure product quality, and to maintain freshness, all postal orders are despatched for next day delivery.  All goods are sent by overnight courier and can be despatched or delivered on any day Monday to Wednesday. We will deliver the goods to the address you specify for delivery in your Order.  It is important that this address is accurate as we cannot accept liability for delivery to an incorrect address/postcode supplied by the customer.  We cannot accept any liability for any loss or damage to your Order once delivered in accordance with your delivery instructions (unless this is caused by our negligence).

Our courier partners operate a no signature required delivery scheme.  If you are not in, the driver will attempt to leave the parcel in a safe place or with a neighbour.  If there is not a safe place then a card will be left and delivery will be attempted the following day.  Your Order can be delivered to your place of work if this is more convenient.  We will aim to deliver your Order by the date quoted for delivery but delivery times are not guaranteed.  If delivery is delayed due to anything beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

You will become the owner of the goods you have ordered when they have been delivered to you.  Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

Please be aware that our fresh produce packaging can only guarantee that your goods are temperature-controlled for 24-36 hours after despatch.  Claims for breakages or other damage must be made to us in writing or by email within 48 hours of receipt, quoting the information on the delivery label.

Risk and ownership

Risk of damage to or loss of your Order passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver.  You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.  Orders supplied are not for resale.

Acknowledgement and acceptance of your Order

You must provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your Order and e-mail you again to confirm despatch.  An acceptance of your Order will take place on despatch of the good(s) ordered.

Returns Policy

Under the Distance Selling Regulations, perishable items such as fresh food are specifically excluded from the Right to Cancel.  You must ensure that you want the product you order as we regret we are unable to offer a refund simply because you change your mind.  If you believe that a perishable product is in unsatisfactory condition on arrival, you should contact us immediately.  We select the finest quality produce and will replace or make a refund in respect of any item that does not arrive in good condition or is lost in transit.  This does not affect your statutory rights.

Cancellation by us

We reserve the right to cancel the contract between us if:

• We have insufficient stock to deliver the goods you have ordered;

• We do not deliver to your area;

• One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit your account with any sum deducted by us as soon as possible but in any event within 30 days of your Order.

Liability

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).

If you notify a problem to us under this condition, our only obligation will be, at your option:

-to make good any shortage or non-delivery;

-to replace or repair any goods that are damaged or defective; or

-to refund to you the amount paid by you for the goods in question in whatever way we choose.

​Our total liability for any claim whatsoever shall not exceed the value of the goods supplied to the customer.  We shall not be liable for any consequential loss whatsoever.

Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at The Box Of Cheese, 60 Kingsley Gardens, Totton, SO40 8ET.  All notices from us to you will be displayed on our website from to time.

Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website, are governed by and construed in accordance with English law.  Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.  All contracts are concluded in English.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these conditions will not be affected.