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1.1 Gingerfesh.co.uk is owned and operated by Business India Limited, an English registered company (number 08034491). We are VAT registered (number 855 4949 76). Our registered office is at 6th Floor, International House, Regent Street, London W1B 2QD and trading office is at Unit G OYO Business Park, Hindmans Way, Dagenham, Essex RM9 6LN. Our other contact details are specified on our website.
1.2 We own and operate this website.
1.3 These terms and conditions ("T&Cs") comprise a contract between you and us governing your use of this website. If you are a consumer your statutory rights are not affected by this agreement.
1.4 References to "goods" in these T&Cs include "services". Headings are for information only and are not binding.
1.5 We may update these T&Cs from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on our website. The changes will apply to the use of the website after we have given notice. If you do not wish to accept the new T&Cs you should not continue to use the site. Your use of the website after the date on which the change comes into effect indicates your agreement to be bound by the new T&Cs.
2.1 You must be 18 years to register on this website. You must supply us with correct information on registration and promptly notify us of any changes.
2.2 We may at our discretion suspend or terminate your registration or use of this site without notice and without giving reasons.
3. Your order
3.2 Please check your order carefully to ensure it is correct. You agree to supply us with correct information including delivery address and to notify us of any changes.
3.3 You acknowledge that you are over 18 years and have carefully read and accepted the price (including delivery charge), description and other information concerning the goods ordered.
4.1 We reserve the right not to accept your order and your credit card will not be charged until despatch.
5. Information on this website
5.1: Whilst we make the upmost effort to ensure accurate and reliable information, we do not guarantee the accuracy of the all information on the website
5.2: If you inform us of any inaccuracies on the website, we will attempt to correct them as soon as we reasonably can.
6 . Payment and price
6.1 Payment is by credit card/debit card/Paypal/Amazon Payment or Bank Transfer. Your order will only be processed if your payment is authorised.
6.2 The price for the goods you order is stated on our website. VAT is included unless stated otherwise. The price of goods may be changed at any time unless your order has been accepted (see below).
6.3 Delivery is charged extra at the rate specified when you place your order. A separate delivery charge will apply to each order except where an order already exists by the same customer on the same delivery day.
6.4 All prices quoted on this website are quoted in pounds sterling (GBP) and Euro.
7. Unavailability and Substitutions
7.1 We cannot be held responsible if any goods are unavailable due to circumstances beyond our reasonable control. If so, you will be notified as soon as possible and offered alternatives if available.
7.2 We will substitute items at our own discretion when required. Any item can be returned if they are not perishable and must be done so at your own expense before a refund is given.
8.1 Delivery will be made to the address which you specify when ordering.
8.2 You must be present to receive the delivery during the delivery date which you specify. If no one is home:
8.2.1 We will instruct the courier to leave the parcel in a safe place if no one is at home. This is not a guarantee that the parcel will be left. The courier may choose to return the parcel to the depot, in which case you will need to rearrange delivery. If no one is home and the parcel is left in a safe place then this the delivery is considered to be fulfilled.
8.3 You may be required provide proof of age and identity and the reference number on our email confirming your order and sign for the goods as proof of receipt. Otherwise the driver may refuse to deliver some or all of the goods. You can appoint a third party who is over 18 year to accept delivery on your behalf. Such person must also be able to provide proof of age, identity and reference number.
8.4 If you discover that any goods are missing or damaged, you must notify us immediately
8.5 Risk of damage or loss to the goods (including deterioration of fresh foods) passes to you on delivery or if delivery is attempted but you are not present to accept delivery or wrongfully refuse delivery or if an incorrect address is supplied.
8.6 If delivery at the requested date is not feasible, we will make all attempt to deliver on next working day. We will not be held responsible for any delay in delivery resulting from circumstances beyond reasonable control such as adverse weather or traffic delays. Our liability for failed delivery is limited to the price payable for the goods and will refund the paid amount in full.
8.6.1 In the event of couriers suspending next day delivery due to extreme weather conditions:
We reserve the right to cancel orders containing perishable items if we do not think the delivery will be fulfilled within 48 hoursWe will not refund delivery charges when deliveries are delayed packaging guarantees maintains a controlled temperature for at least 48 hours. We will not refund for perishable items delivered within 48 hours of dispatchWe will offer refunds for perishable goods delivered after 48 hours when a claim for defective goods is submitted and accepted.
9.1 The goods are supplied for personal and not commercial use. They may not be re-sold.
10. Right to cancel - non perishable goods
10.1 Please refer to our returns policy
11.1 Property (ie ownership) of the goods shall not pass to you before we have received cleared payment.
12. Links to other sites
12.1 On this website you may be offered links to other sites which we hope will be of interest. However, we have no control over such sites and do not endorse them. You agree that we are not responsible for the availability or content of, or goods or services available on, those websites.
13. Intellectual property rights
13.1 The content of our website including without limitation all information, software, data, text, photographs, graphics, sound and video are protected by copyright, trade marks, service marks, patents or other proprietary rights.
13.2 Except insofar as expressly permitted in these terms and conditions, the content of this website may not be retrieved, displayed, modified, copied, printed, downloaded, sold, hired, reverse engineered or transmitted in any way without our prior written consent.
13.3 You may retrieve and display the content on this website for your personal and non-commercial use only and in connection with any actual or proposed order by you on this website.
13.4 You may not link to this website or include this website in part or in whole within another external website without prior written permission.
14. Data protection
15.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
15.2 Without prejudice to rest of these T&Cs, our liability of any kind including breach of contract, tort (including negligence) or otherwise with respect to this website or any goods purchased via this website shall be limited to the amount of any order to which the claim relates or £300, whichever is higher.
15.3 In no event (including our own negligence) will we be liable for any:
15.3.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
15.3.2 loss of goodwill or reputation;
15.3.3 special, indirect or consequential losses; or
15.3.4 damage to or loss of data (even if we have been advised of the possibility of such losses) with respect to this website.
16.1 These T&Cs constitute the entire agreement between you and us in connection with the use of this website. Any failure by us to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. If any part of this agreement is deemed ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement save in relation to paragraph 9.1.
17. Force majeure
17.1 We are not liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control
18. Law and jurisdiction
18.1 This contract shall be governed by English law and any disputes will be decided only by the English courts.